[Adopted 12-8-2008 by Ord. No. 558]
A.
Purpose; scope; declaration of policy and findings.
(1)
It is the purpose of this article and the policy of the Council of
the Borough of Port Vue, 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 Port Vue 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,
issuance and renewal of occupancy licenses, and sets penalties for
violations. This article shall be liberally construed and applied
to promote its purposes and policies.
(2)
In considering the adoption of this article, the Borough of Port
Vue makes the following findings:
(a)
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.
(b)
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.
(c)
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.
BOROUGH
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
DISRUPTIVE CONDUCT
DISRUPTIVE CONDUCT REPORT
DWELLING
DWELLING UNIT
GUEST
LANDLORD
MANAGER
MULTIPLE-UNIT DWELLING
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:
The Borough of Port Vue, Allegheny County, Pennsylvania.
Any code or ordinance adopted, enacted, and/or in effect in and for the Borough of Port Vue 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: BOCA Basic Building Code; BOCA Basic Property Maintenance Code; BOCA Basic Fire Prevention Code; National Electrical Code; Chapter 165, Floodplain Management; Chapter 227, Article II, Brush, Grass and Weeds; Chapter 263, Article I, Snow and Ice Removal; Chapter 252, Solid Waste; Chapter 310, Zoning; 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 Port Vue and any
assistants or deputies thereof. In appropriate circumstances, this
is intended to include police.
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 any occupant or visitor of a regulated dwelling
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 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
and 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 § 239-9B. 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.
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 the owner/landlord 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.
Municipal police or any properly authorized member or officer
of a municipal police department thereof or any other law enforcement
agency having jurisdiction within the Borough of Port Vue.
Any parcel of 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.
A written agreement between an owner/landlord and an occupant/tenant supplemented by the addendum required under § 239-9E of this article, embodying the terms and conditions concerning the use and occupancy of a specified 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.
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 article, 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 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)
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 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 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.
Designation of manager. Every owner who is not a full-time resident
of the Borough of Port Vue or a resident elsewhere within 15 miles
from Port Vue shall designate a manager, who shall reside within 15
miles of the Borough of Port Vue. 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 within 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 the owner or manager to
the Borough, and such information shall be kept current and updated
as it changes.
D.
Maintenance of premises.
(1)
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)
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)
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.
Written rental agreement.
(1)
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 the occupant with copies of the rental agreement
and addendum upon execution. The owner shall further secure a written
acknowledgment 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)
Terms and conditions. The owner and occupant may include in a rental
agreement 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)
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 remedies under this article. A provision prohibited
by this subsection included in a rental agreement shall be unenforceable.
(4)
Attachment of ordinance to rental agreement. Following the effective
date of this article, a summary hereby, in a form provided to the
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)
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 acknowledgment that the occupants have received the disclosures
and information required to be given and acknowledged as required
by this article.
(6)
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.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
H.
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.
Enforcement.
(1)
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)
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)
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address 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)
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)
If an occupant has been evicted from a regulated rental unit pursuant
to this article, he or she shall not be eligible to rent any other
regulated rental unit within the Borough of Port Vue.
J.
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.
Borough may make repairs.
(1)
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 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 lien may be reduced to 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 premises as unfit for habitation, or suspension,
revocation or nonrenewal of the license issued hereunder.
(2)
The owner shall permit inspections of any premises by the Code Enforcement
Officer at reasonable times upon reasonable notice.
A.
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.
Health and safety regulations.
(1)
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 areas of any multiple-unit dwelling
at any time shall not exceed one person for each 15 square feet of
common area on the premises.
C.
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 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 or tolerate
or 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 or tolerate or permit others on
the premises to engage in disruptive conduct or other violations of
this article.
(2)
When police or the Code Enforcement Officer investigates 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
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.
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.
Damage to premises. The occupant shall not intentionally cause or
permit or 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.
