For the purposes of this article, the following terms shall
have the meanings hereafter designated:
Any code or ordinance adopted, enacted, and/or in effect
in and for the Township of Wilkins concerning fitness for habitation
or construction, maintenance, operation, occupancy, use or appearance
of any structure. Included within, but not limited by, this definition
are the following which are in effect as of the date of enactment
of this article: 2018 International Property Maintenance Code, Uniform
Construction Code[1] and Chapter 450, Zoning, of the Township Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An establishment, structure or unit of an establishment or
structure utilized for the engaging in a nonmanufacturing or a nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters. These units or structures
are predominantly located within the C-1 (Commercial) Zoning classification
of the Township or in other zoning districts as existing, nonconforming
uses.
In multiple-unit establishments (either residential or commercial),
space which is not part of a single unit but is shared with other
occupants of the unit whether they reside in the units or not. Common
areas shall be considered as part of the structure for purposes of
this article.
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, bathtub and shower.
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 unit.
(Same as "owner.")
A contract granting use or occupation of property during
a specified period in exchange for a specified rent.
An adult individual designated by the owner of a structure.
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 three or more independent dwelling
units, including, but not limited to, row houses, townhouses, condominiums,
apartment houses and conversion apartments.
The permit issued to the owner of a unit or structure under
this article which is required for the lawful rental and/or occupancy
of a unit or structure.
An individual who resides in or is the owner of a business
within a unit or structure, whether or not the individual is the owner
of the unit or structure thereof, with whom a legal relationship with
the owner or landlord of the unit or structure is established by a
written lease or by the laws of the Commonwealth of Pennsylvania.
The duly appointed Ordinance Enforcement Officer(s) having
charge of the Office of Code Enforcement of the Township of Wilkins
and any assistants or deputies thereof. In appropriate circumstances
this is intended to include police.
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 unit
or structure.
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.
Any parcel of real property in the Township, including the
land and all buildings and appurtenant structures or appurtenant elements
upon which one or more units or structures is located.
A written agreement between owner/landlord and occupant/tenant.
A residential or commercial unit or structure occupied by
any person under a rental agreement.
An individual who resides in or is the owner of a business
within a unit or structure, 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 (see "occupant").
The Township of Wilkins, Allegheny County, Pennsylvania.
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all units
and structures 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)
It shall be the duty of every owner to apply for an occupancy permit
upon the construction, reoccupancy and change in occupancy of every
one- and two-family dwelling, every multiple-family dwelling and every
commercial unit and/or establishment in the Township of Wilkins.
B.
Designation of manager.
(1)
Property owners are required to maintain properties in accordance
with this article and other established ordinances of the Township.
In the event that a property owner must be notified in writing by
the Township of ordinance violations three times within a two-year
period, then and in that event, the property owner will be required
to appoint a manager, if the property owner is not a full-time resident
of Wilkins Township or a resident elsewhere within 15 miles from Wilkins
Township.
(2)
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.
(3)
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.
(4)
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.
(5)
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 Township, and such information shall be kept current
and updated as it changes.
C.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the applicable
codes of the Township and shall regularly perform all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make all repairs necessary to fulfill its 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 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.
A.
All residential structures, whether owner-occupied or rental units,
single-family or two-family dwellings, shall be bound by these requirements.
Each unit in a two-family dwelling shall be treated separately by
this article and each shall require its own occupancy permit.
B.
All residential dwelling units must be inspected by the Township
of Wilkins and brought up to current code standards prior to a change
in the person or persons occupying the dwelling unit.
C.
The property owner or agent for the property owner shall make application
for an occupancy permit to the Township of Wilkins on a Township supplied
form and return it to the Township along with the required application
fee.
D.
The Township shall conduct an inspection of the premises and shall make note of all deficiencies from the applicable codes including Chapter 450, Zoning, and the International Property Maintenance Code 2018 in its entirety. If the dwelling unit is found to be in compliance with the aforementioned codes then the property owner or agent shall be issued an occupancy permit for the dwelling unit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
If deficiencies are found, the Township shall reinspect the property
after notification that all deficiencies are corrected by the owner
or agent. If all deficiencies are found to be corrected, the owner
or agent shall be issued an occupancy permit for the structure.
F.
No dwelling unit may be sold, leased, rented or otherwise reinhabited
prior to the issuance of an occupancy permit after the tenants legally
residing in the premises at the time of adoption of this article vacate
the premises.
G.
No one- or two-family dwelling unit shall be required to be inspected
more than once every two years regardless of the number of changes
in the persons occupying the unit.
A.
All multifamily residential dwellings shall be bound by these requirements.
Each unit in a multifamily dwelling shall be treated separately by
this article and each shall require its own occupancy permit.
B.
All dwelling units in a multifamily dwelling must be inspected by
the Township of Wilkins and brought up to current code standards on
a cyclical basis.
C.
The property owner or agent for the property owner shall make application
for an occupancy permit to the Township of Wilkins on a Township-supplied
form and return it to the Township prior to the requested inspection.
D.
The Township shall conduct an inspection of the premises and shall make note of all deficiencies from the applicable codes including Chapter 450, Zoning, and the International Property Maintenance Code 2018 Edition. If the dwelling unit is found to be in compliance with the aforementioned codes, then the property owner or agent shall be issued an occupancy permit for the dwelling unit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
If deficiencies are found, the Township shall reinspect the property
after notification that all deficiencies are corrected by the owner
or agent. If deficiencies are found to be corrected, the owner or
agent shall be issued an occupancy permit for the structure.
F.
Interior corridors of all multifamily dwellings whose units share
common interior corridors are subject to inspection and code compliance
at the same time as the inspection of the first unit in the structure
requested for inspection.
G.
All property owners or managers of multifamily dwellings shall be
required to have a minimum of 20% of the units under their control
inspected on an annual basis. The property owner or manager may designate
which units are inspected annually providing that no unit which has
previously been inspected may be counted toward the annual minimum
number of units required for inspection until all units have been
inspected.
H.
All units under common ownership or management will be required to
be reinspected on a rotating basis after all units receive an initial
inspection and occupancy permit.
I.
Any multifamily structure with five or less total units, which is
under common ownership or management, will be required to have one
unit inspected annually, with the stipulation that no unit must be
inspected more than once every five years.
J.
Any multifamily dwelling units, whether owner-occupied or rented,
which is located in a structure where all units in the structure are
not under common ownership or management, shall be bound by the requirements
for one- and two-family dwellings.
A.
No commercial structure or unit may be sold, leased, rented or otherwise
reinhabited prior to the issuance of an occupancy permit after the
tenants legally occupying the premises at the time of adoption of
this article vacate the premises.
B.
All commercial structures shall be bound by these requirements. Each
unit in a commercial structure shall be treated separately by this
article and each shall require its own occupancy permit.
C.
All units in a commercial establishment must be inspected by the
Township of Wilkins and brought up to current code standards upon
the sale of the commercial establishment.
D.
Individual units in a commercial establishment must be inspected
by the Township of Wilkins and brought up to current code standards
upon the change of lease, transfer of ownership, or change of tenants
or occupants of the individual unit of a commercial structure.
E.
The property owner or agent for the property owner shall make application
for an occupancy permit to the Township of Wilkins on a Township supplied
form and return it to the Township prior to the requested inspection.
F.
The Township shall conduct an inspection of the premises and shall make note of all deficiencies from the applicable codes including Chapter 450, Zoning, and the International Property Maintenance Code 2018 Edition. If the unit or commercial establishment is found to be in compliance with the aforementioned codes, then the property owner or agent shall be issued an occupancy permit for the unit or commercial establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
If deficiencies are found, the Township shall reinspect the property
after notification that all deficiencies are corrected by the owner
or agent. If deficiencies are found to be corrected, the owner or
agent shall be issued an occupancy permit for the structure.
H.
Interior corridors of all commercial establishments whose units share
common interior corridors are subject to inspection and code compliance
at the same time as the inspection of the first unit in the structure
requested for inspection.
I.
No commercial establishment or unit shall be required to be inspected
more than once every two years regardless of the number of changes
in occupancy of the unit.
A.
Fees for occupancy permits shall be set by the most recent fee schedule
adopted by the Township of Wilkins. The fee listed in the fee schedule
shall apply to one- and two-family dwellings only and one-unit commercial
establishments only.
B.
The Township shall reserve the right to charge a reinspection fee
after two visits to the same units as set forth in the Township fee
schedule.
C.
Fees shall be due and payable at the time of application for all
occupancy permits, or application for reinspection as the case may
be.
A.
Basis for violation. It shall be unlawful for any person, as either
owner or manager of a unit or structure for which a permit is required,
to operate or occupy a structure or unit without a valid, current
permit issued by the Township authorizing such operation or occupancy.
B.
Penalties. This article shall be enforced by action brought before
a Magisterial District Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Nonexclusive remedies. The penalty provisions of this article and
the permit nonrenewal procedures provided in this article shall be
independent, nonmutually exclusive separate remedies, all of which
shall be available to the Township as may be deemed appropriate for
carrying out the purposes of this article. The remedies and procedures
provided in this article for violation hereof are not intended to
supplant or replace, to any degree, the remedies and procedures available
to the Township in the case of a violation of any other code of ordinance
of the Township, 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 ground for a finding
of a violation of this article.
The occupancy permit shall be compiled from the records of the
Township and from an inspection of the property. Neither the enactment
of this article nor the preparation and delivery of any permit required
hereunder shall impose any liability upon the Township for any errors
or omissions contained in such permit nor shall the Township bear
any liability not otherwise imposed by law.
A.
Any person aggrieved by the decision of the Ordinance Enforcement
Officer may request, and shall then be granted, a hearing before the
Turtle Creek Valley Council of Governments Joint Property Maintenance
Appeals Board,[1] provided he files with the Township, within 10 days after
notice of the Ordinance Enforcement Officer's decision, a written
appeal requesting such hearing and setting forth a brief statement
of the grounds therefor. The hearing shall commence no later than
30 days after the date on which the petition was filed unless postponed
for sufficient cause.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
After such hearing, the Appeals Board shall sustain, modify or overrule
the action of the Ordinance Enforcement Officer.
A.
Notices.
(1)
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)
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)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to permit 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.
Changes in ownership occupancy.
(1)
It shall be the duty of each owner of a unit or structure to notify
the Ordinance Enforcement Officer in writing of any change in ownership
of the premises or of the number of units on the premises.
(2)
It shall also be the duty of the owner to notify the Ordinance Enforcement
Officer in writing of any increase in the number of occupants or of
the changing of a unit from owner-occupied to non-owner-occupied.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Owners severally responsible. If any unit or structure 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.
