[Ord. 382, 3/15/1968, § II; as amended by Ord.
623, 2/14/2006; and by Ord. 631, 3/13/2007, § 1]
There is hereby adopted by reference thereto, the International
Property Maintenance Code, 2006 Edition, as published by the International
Code Council, Inc.
[Ord. 382, 3/15/1968, § II]
The code adopted by this section provides regulations for establishing
minimum standards governing utilities, facilities and other physical
things and conditions essential to make dwellings safe, sanitary and
fit for human habitation, establishing minimum standards governing
the condition and maintenance of dwellings, dwelling units, rooming
houses and rooming units; fixing certain responsibilities and duties
of owners, operators and occupants of dwellings, dwelling units, rooming
houses and rooming units; requiring permits for the operation of rooming
houses; authorizing preliminary area surveys of dwellings; authorizing
the inspection of dwellings, and the vacation or removal of dwellings
unfit for human habitation; and providing penalties.
[Ord. 382, 3/15/1968, § II]
Three copies of the housing code adopted by this section shall
be kept on file by the Borough Secretary for inspection by and use
of the public and shall be marked with the words "Borough of West
Homestead, Official Copy."
[Ord. 382, 3/15/1968, § III; as amended by Ord.
631, 3/13/2007, § 1]
The enforcement of the provisions of the code adopted by this section shall be the responsibility of the Building Code Official as appointed pursuant to § 5-103 of this Code and/or the Ordinance Officer and/or other persons who may from time to time be appointed by Council.
[Ord. 658, 6/14/2011, § 2]
This Part shall be known as the "Borough of West Homestead Tenant
Occupancy Safety Inspection Ordinance."
[Ord. 658, 6/14/2011, § 3]
This Part is adopted pursuant to the Borough Code of the Commonwealth
of Pennsylvania, as amended, 53 P.S. § 46202, and the provisions
hereof and all sections contained herein shall be construed as having
been adopted in the interests of the health, safety, and general welfare
of the people of the Borough of West Homestead, Allegheny County,
Pennsylvania.
[Ord. 658, 6/14/2011, § 4]
1.
To promote, protect and facilitate the public health, safety and
the general welfare of the community and to protect and to promote
the safety of residential tenants and other inhabitants in the Borough
from fire and the hazards of fire.
2.
To prevent one or more of the following: loss of health, life or
property from fire, explosions, noxious gases and other dangers or
hazards of fire.
3.
To provide protection against fire, explosion and other fire hazards
in the interest of the public health, safety, and general welfare.
4.
To define and limit the powers and duties of those officers and bodies
that are assigned responsibilities under this Part.
5.
To require prompt occupancy safety inspections even without a warrant
if emergency conditions exist.
[Ord. 658, 6/14/2011, § 5]
All prior ordinances of the Borough of West Homestead or parts
of ordinances conflicting herewith are hereby repealed; however, such
repeal shall not affect any act done or any liability or violation
accrued under any such prior ordinance herein repealed or superseded
and all such liabilities or violations shall continue and may be enforced
in the same manner as if such repeal or supersession had not been
made; and any offense or violation committed and any penalty or forfeiture
incurred under such ordinance herein repealed or superseded may be
prosecuted in the same manner as if this Part had not been approved.
[Ord. 658, 6/14/2011, § 6]
1.
In the construction of this Part, the rules and definitions contained
in this section shall be observed and applied, except when the context
clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the present tense shall include the future tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "person" includes corporations, associations and partnerships
and other similar entities.
E.
The word "shall" is always mandatory and not discretionary.
F.
The word "may" is permissive.
G.
This Part shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
H.
That the Borough intends to favor the public interest as against
any private interest.
[Ord. 658, 6/14/2011, § 7]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
A part of a house, apartment house or other dwelling occupied
by a tenant, while the rest is occupied by another or others.
A building arranged in several suites of connecting rooms,
each suite designed for independent housekeeping, but with certain
mechanical conveniences such as heat, light or elevator services in
common to all tenants occupying the building.
The Borough of West Homestead.
The Secretary of the Borough of West Homestead.
The Uniform Construction Code and the International Property
Maintenance Code of 2009 and all referenced codes that are included,
as subsequently amended and/or revised.
Engaging in a business, enterprise, activity or other undertaking
for profit.
A property, whether owned or rented, consisting of a space
or storeroom, which is occupied by a commercial business.
A building or portion thereof containing or designed to contain
two or more separate dwelling units with or without common access
facilities.
A single unit providing complete, independent living facilities
for one or more tenants including permanent provisions for living,
sleeping, eating, cooking and sanitation. All rooms comprising a dwelling
unit shall have access through an interior door to other parts of
the dwelling unit.
A serious, unexpected and potentially dangerous event, circumstance
or condition to persons and/or property, event or situation requiring
immediate action.
A person who receives rent and leases a dwelling unit or
a rooming unit in a boarding, lodging or tourist home to a tenant
for a period of time.
Any agreement which gives rise to the relationship of landlord
and tenant.
A person who has charge of a dwelling unit or a rooming unit
in a boarding, lodging or tourist home.
An inspection conducted by an occupancy safety inspector
to determine a residential rental unit or commercial properties compliance
with the code.
The duly appointed individual or agent of the Borough of
West Homestead having the duty to enforce the provisions of this Part.
The occupancy safety inspector shall be appointed by resolution of
the Borough Council. The Borough Council may change the duly appointed
occupancy safety inspector, from time to time, by resolution.
Every person who has a property right in a multi-family dwelling,
apartment house, rooming house and commercial property, and every
person who owns, has, keeps, rents, leases or maintains a multi-family
dwelling, rooming house and commercial property, including a boarding,
lodging or tourist home charging rent to tenants.
A rental safety occupancy permit.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
Consideration paid for the use or occupation of property.
A stated return or payment for the temporary possession or use of
an apartment, dwelling unit or commercial property. To obtain temporary
possession and use of an apartment, dwelling unit or commercial property
in return for a stated payment usually at fixed intervals.
A certificate or document issued by the occupancy safety
inspector which is required for the lawful rental and occupancy of
any residential rental unit or occupancy and/or rental of a commercial
property.
A rooming or dwelling unit let for rent under a rental agreement
and/or lease with a tenant, and/or a rooming or dwelling unit, that
is not owner-occupied and occupied by a tenant with or without a lease
and/or rental agreement. Residential rental units include, but are
not limited to, a dwelling unit, a rental unit, a rooming unit, a
rooming house, boarding, lodging or tourist home, an apartment, apartment
house, garden apartments, a single-family dwelling, a duplex, a multiple
dwelling or a townhouse or row house.
[Amended by Ord. No. 724, 8/9/2022; and by Ord. No. 727, 10/11/2022]
A building other than a multi-family dwelling containing
not more than one dwelling unit occupied by a tenant and providing
for compensation or other consideration, rooming units for lodging
in addition to the owner.
A room or rooms constituting a separate, independent housekeeping
unit that is physically separate from any other room, dwelling unit,
or rooming unit in the same structure. The rooming unit shall contain
living and sleeping facilities, but not cooking or eating facilities,
and shall be occupied by no more than one family.
A person who pays rent and leases a dwelling unit, commercial
property, or a rooming unit in a boarding, lodging or tourist home
from a landlord for a period of time, and/or a person who does not
lease or pay rent in a dwelling unit, commercial property or rooming
unit in a boarding, lodging or tourist home that is not owner-occupied.
[Amended by Ord. No. 724, 8/9/2022]
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
[Ord. 658, 6/14/2011, § 8]
No person shall rent or lease a residential rental unit, or
commercial property in the Borough of West Homestead to any tenant
unless he/she/it obtains and holds a current, unrevoked rental safety
occupancy permit issued by the occupancy safety inspector in its,
his or her name, for the specified residential rental unit or property.
It is the specific intent of Council in adopting this Part that commercial
property, as defined herein, shall be subject to the requirements
of this Part irrespective if a commercial property is leased, owner
occupied or otherwise occupied.
[Ord. 658, 6/14/2011, § 9]
1.
Every owner, landlord, manager or agent for an owner who rents or
leases any residential rental unit or commercial property in the Borough
of West Homestead to any tenant for a period of time in excess of
30 days, shall apply for a triannual rental safety occupancy permit
and shall agree to comply with all provisions of this Part and the
code as herein described.
2.
The application form shall be made available at the Borough Office.
The application form shall not be deemed complete until all required
information is supported and all fees, if any, are paid. Any fees
assessed related to application and/or occupancy safety inspection
shall accompany the application form made payable to the Borough or
its designated representative.
3.
It shall be the duty of the owner, landlord, manager or agent of
the owner to renew the application and permit prior to the expiration
date of the rental safety occupancy permit.
4.
No rental safety occupancy permit application shall be accepted,
nor shall a rental safety occupancy permit be issued, unless all Borough
taxes, fees, fines and/or costs owing to the Borough regarding the
real property in question or by the owner(s) of the real property
and/or the applicant(s) have been paid in full.
[Added by Ord. 691, 3/10/2015]
[Ord. 658, 6/14/2011, § 10]
1.
Upon application, all residential rental units and commercial properties
shall be inspected triannually and upon change of occupancy by the
occupancy safety inspector for compliance with the provisions of this
Part and the code as applicable.
2.
Within 30 days of receipt of the complete application for a rental
safety occupancy permit or upon receipt of a written notice of the
change in occupancy of a residential rental unit or commercial property,
the occupancy safety inspector or his/her designee shall conduct an
occupancy safety inspection of the residential rental unit or commercial
property for compliance with this Part and the code as may be applicable.
3.
Upon completion of a satisfactory occupancy safety inspection, the
occupancy safety inspector or his/her designee shall issue a rental
safety occupancy permit to the owner, or at the written request of
the owner, to the owner's local agent or manager. Upon issuance of
the rental safety occupancy permit, the residential rental unit or
commercial property may thereafter be occupied as a residential rental
unit or commercial property.
4.
The occupancy safety inspector shall also perform an occupancy safety
inspection of residential rental units or commercial property for
compliance with this Part and the code upon change of occupancy of
the residential rental unit or commercial property, at the request
of the owner, agent or tenant, or upon receipt of a complaint, or
for any other reasonable cause. Except for inspection requests submitted
by the Borough's fire department or any other governmental or regulatory
agency, the party requesting the occupancy safety inspection must
pay the required fees, if any, for the application and occupancy safety
inspection of the residential rental unit or commercial property.
In the event that a violation is detected after receipt of a complaint,
the owner of the property inspected shall be responsible for the costs
of inspection.
5.
Upon completion of an unsatisfactory occupancy safety inspection,
the occupancy safety inspector shall issue a written notice, by regular
mail and another by certified mail, return receipt requested, to the
owner or his/her/its designated agent at such addresses of record
with the Borough or of public record as the designated address for
"change owner mailing" in the Allegheny County Department of Real
Estate and, if appropriate, commence enforcement actions for violations
of this Part. In a nonemergency situation, a ten-day notice shall
be issued to the owner of the residential rental unit or commercial
property or the manager or local agent specifying each violation.
Notice provided to a manager or local agent shall be deemed to be
notice to the owner. All notices shall be sent by regular mail and
another by certified mail, return receipt requested, to the owner
or his/her/its designated local agent or manager at such addresses
of record with the Borough or of public record as the designated address
for "change owner mailing" in the Allegheny County Department of Real
Estate.
6.
If after 10 days from the date of the ten-day notice of violation,
a re-inspection reveals that the violation are not corrected and arrangements
satisfactory to the occupancy safety inspector have not been made,
the rental safety occupancy permit shall be revoked. If the residential
rental unit or commercial property is vacant, it shall remain vacant.
If the residential rental unit or commercial property is occupied,
the owner shall make arrangements to relocate the tenant within 10
days and the property shall remain vacant until a new rental safety
occupancy permit is issued.
7.
The occupancy safety inspector shall maintain a list of all residential
rental units and commercial properties and their ownership.
[Ord. 658, 6/14/2011, § 11]
Prior to the issuance of a rental safety occupancy permit or if the occupancy safety inspector denies renewal of a permit, the applicant, owner, landlord, manager or agent for an owner shall not be issued a rental safety occupancy permit until all violations noted on the notice of violation are corrected, as required. Every rental safety occupancy permit shall be issued for a period of 36 months unless sooner revoked, or an inspection is made pursuant to § 11-209 herein caused by a change of occupancy.
[Ord. 658, 6/14/2011, § 12]
A rental safety occupancy permit shall not be transferred. In
the case of a permit for a residential rental unit or commercial property
that is sold or transferred, the new owner shall seek a rental safety
occupancy permit for each residential rental unit and commercial property
and have each residential rental unit and commercial property inspected.
Failure to secure a rental safety occupancy permit for a residential
rental unit or commercial property within 60 days of the date of sale
or transfer of ownership shall result in the revocation of the existing
rental safety occupancy permit applicable to each unit.
[Ord. 658, 6/14/2011, § 13]
1.
A.
It shall be the duty of every owner to be responsible for regulating
the conduct and activities of the occupants of every residential rental
unit which he, she or it owns in the Borough, which conduct or activity
takes place at such residential rental unit or its premises. In order
to achieve these ends, every owner of a residential rental unit shall
regulate the conduct and activity of the occupants thereof, both contractually
and through enforcement as set forth in this Part.
B.
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 and 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 on the occupants 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.
C.
This Part 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.
2.
The owner shall reply promptly to reasonable complaints and inquiries
from occupants.
[Ord. 658, 6/14/2011, § 14]
1.
The following regulations are hereby adopted for the issuance of
the rental safety occupancy permit:
A.
Pennsylvania Law Governs. The International Fire Code of 2009, as
subsequently amended and/or revised and the International Property
Maintenance Code of 2009, as subsequently amended and/or revised,
or any other law of the Commonwealth of Pennsylvania, or regulations
of any departments or agencies of the Commonwealth shall govern any
action or enforcement of this Part.
B.
Occupancy Safety Inspection Mandatory. The Borough occupancy safety
inspector shall not issue a rental safety occupancy permit until he/she/it
has first performed an occupancy safety inspection of the residential
rental unit or commercial property for the purpose of insuring compliance
with this Part and the code.
C.
Inspections to Be Conducted at Reasonable Times with Prior Notice
to Residents; Display of Proper Credentials Required. All occupancy
safety inspections under this Part shall be conducted at reasonable
times with prior notice to the applicant, owner, landlord, manager,
tenant, or agent for the owner and subject to constitutional restrictions
on unreasonable searches and seizures. Prior to seeking entry to conduct
an occupancy safety inspection, the Borough occupancy safety inspector
shall display proper credentials which shall have been approved by
Borough Council.
D.
Procedure If Entry to Permit Lawful Occupancy Is Refused. If entry
is not obtained or upon the refusal of an applicant, owner, landlord,
manager, tenant, or agent for an owner applying for a rental safety
occupancy permit to permit entry to conduct the occupancy safety inspection
mandated under this Part, the occupancy safety inspection shall not
be conducted and the occupancy safety inspector is hereby authorized
to pursue recourse as provided by law.
E.
Expiration of Permits and Renewals. Each permit shall expire 12 months
after the date of issuance. A permit may be renewed only by making
application as provided in this Part. Applications for renewal should
be made at least 30 days prior to the expiration date and, when made
fewer than 30 days before the expiration date, the pendency of the
application will not prevent the expiration of the permit.
F.
Nonresident Applicants. No permit shall be issued or renewed to a
nonresident applicant unless such applicant designates in writing
to the occupancy safety inspector, the name, address and telephone
number of his agent for receipt of service of any notice or violation
and for service of process.
[Ord. 658, 6/14/2011, § 15]
1.
If entry to conduct a occupancy safety inspection under this Part
is refused, the Borough occupancy safety inspector is hereby authorized
and directed to apply to an issuing authority having jurisdiction
over such residential rental unit or commercial property for an administrative
search warrant to enter and to conduct a occupancy safety inspection
for the residential rental unit or commercial property into which
entry has been refused, unless an emergency situation exists which
requires immediate entry.
2.
If an emergency situation exists demanding immediate access to the
residential rental unit or commercial property, the Borough occupancy
safety inspector may conduct a prompt occupancy safety inspection
even if entry is refused or even if an administrative search warrant
is not obtained.
[Ord. 658, 6/14/2011, § 16]
1.
An administrative search warrant to enter and conduct a occupancy
safety inspection may be issued upon probable cause supported by affidavit
if the occupancy safety inspector has reason to believe, based upon
a complaint that a violation exists within the premises to be searched,
or, where an inspection is sought due to the lapse of time since the
last inspection, the nature of the building (e.g., a multi-family
apartment house) or because of conditions in the entire area within
which the premises are located.
2.
An administrative search warrant shall be served by the occupancy
safety inspector between the hours of 6:00 a.m. and 9:00 p.m., and
the entry and inspection shall be conducted within a specified period
of time not to exceed two days from the date of issuance.
3.
A occupancy safety inspector executing the administrative search
warrant shall make reasonable effort to give notice of his or her
identity, authority and purpose to any occupant of the premises specified
in the warrant and shall not make a forcible entry to inspect unless
an emergency situation exists.
[Ord. 658, 6/14/2011, § 17]
1.
The fee for the application for a rental safety occupancy permit
shall be set by Borough Council and may be modified, from time to
time, by resolution. The annual fees for both inspection and a permit
are set forth on Exhibit A[1] attached hereto and incorporated herein. The fees set
forth on Exhibit A shall remain in full force and effect and may be
modified from time to time by resolution of Borough Council.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
2.
There shall be a annual administrative fee in the amount of $30 for
every residential rental unit and commercial property in the Borough.
The fee shall be due on or before January 31 of each year. Late payments
shall have added a $5 late fee.
[Ord. 658, 6/14/2011, § 18]
1.
The following shall be violations of this Part:
A.
Occupancy of any residential rental unit without first obtaining
a rental safety occupancy permit in accordance with this Part.
B.
Permitting the continued occupancy of a residential rental unit or
commercial property in the absence of a permit, whether due to the
expiration of a permit or for any other reason whatsoever.
C.
Any violation of the code shall be a violation of this Part where
such code violation occurs in a residential rental unit or commercial
property, or in any building or on any premises on which a residential
rental unit or commercial property is located.
D.
Failure to permit the occupancy safety inspector or his or her designee
to inspect a residential rental unit, commercial property, or the
building or property on which it is located in accordance with this
Part. A person, partnership or corporation commits a summary offense
if he/she/it refuses to permit a Borough occupancy safety inspector
to have access or to gain entry to any premises specified in an administrative
search warrant to conduct a occupancy safety inspection, and upon
conviction in a summary proceeding, shall be fined not less than $600,
nor more than $1,000, and in default of the payment of the fines and
costs, shall be committed to the Allegheny County jail for a period
not to exceed 30 days.
E.
Failure to submit a complete application in a timely manner for an
initial permit, renewal permit or updated permit upon change of occupancy.
2.
Whoever violates or fails to comply with any of the provisions of
this Part, or code, or fails to correct, within the time set by this
Part, the defects for which a dwelling has been cited, shall be subject
to the provisions of this Part. Any person, partnership or corporation
who violated any of the provisions of this Part shall upon conviction
in a summary proceeding, be fined not less than $600 nor more than
$1,000, and in default of the payment of the fine and costs, shall
be committed to the Allegheny County jail for a period not to exceed
30 days. The court shall designate, in the case of a partnership or
corporation, which partner/principal or corporate officer shall be
imprisoned. A separate offense shall be deemed committed each day
during or on which a violation or noncompliance occurs or continues.
3.
The occupancy safety inspector shall deny an application for a rental
safety occupancy permit and may revoke an existing permit for failure
to abate any violation of the code or any other applicable regulation
within the time specified in the notice of violation.
4.
In addition to any other penalties provided at law or by ordinance,
statute, regulation or otherwise, the occupancy safety inspector or
his/her designee shall have the right to bring suit in the name of
the Borough for injunctive or other special or emergency relief to
enjoin any violation of this Part, and to receive, as part of such
relief, attorney fees and costs associated with such action and with
the enforcement of this Part. Nothing contained herein shall be deemed
to preclude the Borough to seek other relief or avail itself of any
remedy that may be at law or in equity to prevent continuing violations
of the terms of this Part. Upon the finding of guilt associated with
a violation, all costs associated with the prosecution of a violation
shall be borne and paid by the owner of the property subject to the
violation.
[Ord. 658, 6/14/2011, § 19]
No provision of this Part shall prevent the Borough from instituting
proceedings and seeking relief in the courts of equity of the Commonwealth
if the Borough shall deem such action necessary to address any violations
of this Part which constitutes a public nuisance.
