[Adopted 11-1-2011 by Ord. No. 6-11]
The City Council of New Kensington finds that:
A.
The failure of landowners to insure buildings with rental dwelling
units results in a lack of insurance proceeds available to repair
or remove damaged buildings and is detrimental to the safety of tenants
and to the public health, safety and welfare; and
B.
The denial of occupancy permits for rental dwelling units where tax,
sewer, water or refuse collection bills are delinquent, in accordance
with the Neighborhood Blight Reclamation and Revitalization Act,[1] will encourage timely payment of said bills, reduce the
financial burden of delinquent payments on local government and promote
the public health, safety and welfare.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
As used in this article, the following terms shall have the
meanings indicated:
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the owner or the owner's
relatives, including, but not limited to, units in single-family houses,
two-family houses, multiple-family houses, apartment houses, row houses,
townhouses and other buildings of similar character, and also including
group homes, community-living arrangements, boardinghouses, domiciliary
homes, long-term-care facilities or personal-care homes.
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.
A.
The Officer shall investigate to determine whether the landowner
owns any real property within the City for which there exists on the
real property a final and unappealable tax, water, sewer or refuse
collection bill delinquency on account of the actions of the landowner
and within the meaning of the Neighborhood Blight Reclamation and
Revitalization Act.[1]
(1)
If the Officer finds that such a delinquency exists, then the Officer
shall deny an occupancy permit for the dwelling unit in question in
accordance with all applicable procedures set forth in the Neighborhood
Blight Reclamation Revitalization Act.
[1]
Editor's Note: See 53 Pa.C.S.A. § 6101 et seq.
B.
The Officer shall investigate to determine whether insurance coverage
is in place as required by this article. If the Officer finds that
the required coverage is not in place, he shall deny the occupancy
permit.
C.
The Officer shall state in writing the reasons for any denial or
revocation of an occupancy permit. Any person aggrieved by the Officer's
denial or revocation of an occupancy permit may appeal such denial
by submitting a written request for a Local Agency Law hearing to
the office of the City Clerk within 20 days from the date of mailing
of the denial letter and accompanied by a nonrefundable appeal fee
of $50, the amount of such fee to be subject to adjustment by resolution
of the City Council.
D.
Such a written request for a Local Agency Law hearing shall state
the grounds upon which the request is made. The appellant shall be
responsible for the cost of the stenographer's appearance fee
and the cost of any advertising of such hearing. The City Council
may act as the Local Agency Law appeal hearing body or may appoint
a tribunal or hearing officer to hear the appeal and to make a recommended
ruling to the Council.
A.
Property and fire insurance required. In order to protect the health,
safety and welfare of the City, and of tenants, and of property owners
in the immediate vicinity of rental dwelling units, all owners of
rental dwelling units shall be required to maintain property and fire
insurance coverage in effect at all times in an amount as set forth
below. No occupancy permits shall be issued for any such rental unit
unless the owner of the unit provides proof to the City that property
and fire insurance is in effect as required by this article. Previously
issued occupancy permits may be revoked for failure to maintain or
provide proof of the required insurance.
(1)
Minimum coverage. Property and fire insurance shall be provided in
an amount equal at least to the value of the property insured but
in no case less than $25,000.
(2)
Insurance requirements. The property owner shall provide the City
at least annually, and also upon request, with the insurance company
name, policy number, policy expiration date, and the amount of insurance
coverage, and with a certificate of insurance acceptable to the City
and containing proof that the required insurance is in place and will
not be terminated without 30 days' advance notice to the City.
(3)
Alternative to insurance. In lieu of the insurance requirements stated
above, the property owner may furnish the City with a bond or irrevocable
letter of credit issued by a federal or commonwealth chartered lending
institution actively conducting business in Westmoreland County, or
a cash deposit. The amount of such letter of credit, bond or cash
deposit shall be equal at least to the value of the property insured
or $25,000, whichever is greater. Such bond or letter of credit shall
provide for and secure to the City the repair or removal of any property
damage of a fire, accident, natural disaster or lack of maintenance
by the owner. The proceeds of such bond, letter of credit or cash
deposit shall be accessed and used by the City for costs of any nature
incurred in connection with removal or repair of the property, including
but not limited to City labor costs, material costs, costs of outside
contractors, professional fees, expense of court proceedings, and
the filing of liens.
(4)
Notification to tenants. Within 60 days of this article, each landowner
shall notify each tenant of the insurance requirement set forth in
this article and that the landowner's failure to maintain or
provide proof of such insurance may terminate occupancy of the rental
dwelling unit.
(5)
Insurance requirement effective date. The requirement to maintain
fire and property insurance as required by this article shall go into
effect 60 days after the date of adoption of this article by the Council
of the City of New Kensington.
(6)
Determination of value and sufficiency. The City shall, in its sole
discretion, determine the value of the property and/or the sufficiency
of insurance, an insurance certificate, bond or letter of credit for
purposes of implementing this article.
(7)
Regulations and forms. The City Council is authorized to adopt by
way of resolution, any rules and regulations necessary or helpful
for the implementation or enforcement of this article. The Officer
may adopt and require the completion of any form to implement this
article.
Any person who shall violate any provision of this article or
who knowingly files a false report requiring this article shall, upon
conviction thereof, be sentenced to pay a civil fine of not more than
$600.
