Definitions. As used in this Part, the following terms shall have
the meanings indicated:
BOARD
The Code Enforcement Appeals Board of the Borough of Gettysburg, Adams County, Pennsylvania, as authorized in Chapter
1, Part 1C, of the Code of Ordinances of the Borough of Gettysburg.
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
CODE(S)
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Gettysburg concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit.
CODE ENFORCEMENT OFFICER
The code official charged with the administration and enforcement
of this code, or any duly authorized representative of the Borough.
COMMON AREA
In multiple unit dwelling, space which is not part of a regulated
rental unit and which is shared with other occupants of the dwelling
whether they reside in a regulated rental unit or not. Common areas
shall be considered as part of the premises for the purposes of this
Part.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by an occupant or visitor of a regulated rental
unit that is so loud, untimely (as to 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 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 constitute a criminal
offense, nor that criminal charges be filed against any person in
order for a person to have perpetrated, caused or permitted the commission
of disruptive conduct. "Disruptive conduct" shall not be deemed to
have occurred unless the Code Enforcement Officer or the Police shall
investigate and make a determination that such did occur and keep
written records, including a disruptive conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
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 investigates an alleged incident of disruptive
conduct and which shall be maintained by the Code Enforcement Officer.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
GUEST(S)
A person or persons on the premises with the actual or implied
consent of an occupant.
LANDLORD
Any person, agent or operator having a legal or equitable
interest in a regulated rental unit who leases a regulated rental
unit to a tenant or tenants.
MANAGER
An adult individual designated by the owner of a regulated rental unit under §
4-302(2) herein. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units
including, but not limited to, double houses, row houses, town houses,
condominiums, apartment houses and conversion apartments.
OCCUPANCY LICENSE
The license issued to the owner of a regulated rental unit
under this Part, which is required for the lawful rental and occupancy
of a regulated rental unit.
OCCUPANT
An individual, whether or not the legal owner of record,
who resides in a regulated rental unit under a legal relationship
with the owner or landlord as established by a written or verbal lease
or otherwise by the laws of the Commonwealth of Pennsylvania.
OCCUPANCY LICENSE
The license issued to the owner of a regulated rental unit
under this Part, which is required for the lawful rental and occupancy
of a regulated rental unit.
OWNER
Any person, agent or operator having a legal or equitable
interest in a regulated rental unit property who leases a regulated
rental unit to a tenant or tenants, or otherwise having legal control
of the property, including, but not limited to the guardian of the
estate of the property owner, or the executor or administrator of
the estate of a property owner, or mortgage holder in possession of
a regulated rental unit.
PERSON
A natural person, partnership, limited partnership, corporation,
limited liability company, trust or any other entity or an unincorporated
association.
POLICE
The Police Department of the Borough of Gettysburg, or any
properly authorized member or officer thereof in any other law enforcement
agency having jurisdiction within the Borough of Gettysburg.
PREMISES
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 are located.
REGULATED RENTAL UNIT(S)
A dwelling unit occupied by any person(s) other than the owner under a rental agreement; provided, however, that any dwelling unit within the Borough's Institutional District as that district is respectively delineated and defined on the Gettysburg Borough Zoning Map and in the Gettysburg Borough Zoning Ordinance [Chapter
27], as amended, shall be specifically excluded from this definition of a regulated rental unit and shall not be subject to any provisions of this Part.
RELATED
Of or pertaining to two or more natural persons related to
one another by blood, marriage, adoption or formal foster relationship
to result in one of the following relationships: brother, sister,
parent, child, grandparent, great grandparent, grandchild, great grandchild,
uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent
in-law or first cousin. This term shall not include relationships
such as second, third or fourth cousins.
RENTAL AGREEMENT(S)
An agreement establishing a written or verbal residential
lease of a regulated rental unit or units by and between an owner
or landlord and an occupant or tenant.
TENANT
An individual who resides in a regulated rental unit under
a legal relationship with the owner or landlord as established by
a written or verbal lease or otherwise by the laws of the Commonwealth
of Pennsylvania.
UNRELATED
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.