[HISTORY: Adopted by the City Council of the City of Monessen 5-11-2021 by Ord. No. 1236. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Monessen
tenant and Occupancy Registration Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any code or ordinance adopted, enacted, and/or in effect
in and for the City of Monessen concerning fitness for habitation,
the construction, maintenance, operation, occupancy, use or appearance
of any unit, premises or building and/or fire prevention, housing
standards, and municipal waste, including but not limited to all applicable
federal and state codes and regulations. Also included within, but
not limited by, this definition are the following which are in effect
as of the date of enactment of this article: International Building
Code; International Plumbing Code; International Electrical Code;
Floodplain Management Ordinance; Weed and Vegetation Control Ordinance;
Sidewalk Maintenance Ordinance; Ice Removal Ordinance; Solid Waste
and Recycling Ordinance; Zoning Ordinance; Quality of Life Ordinance;
Municipal Code and Ordinance Compliance Ordinance; Vacant Property
Registry Ordinance; Nuisance Property Ordinance; and any duly enacted
amendment or supplement to any of the above and any new enactment
falling within this definition.
City of Monessen.
The Code Enforcement Officer of the City of Monessen or any
other person or entity designated by the City Council of the City
of Monessen to perform the duties of the Code Enforcement Officer
as set forth in this chapter.
A building or structure operated in compliance with all applicable
state and federal laws and regulations, and the operator of which
is licensed by state or county which is held out to the public as
a place where all transient persons who will come will be received
as guests for compensation, and which actually operates as such, and
which opens its facilities to the public as a whole rather than limited
accessibility to a well-defined or limited private group. This definition
includes a motel.
See "hotel."
The owner or owners of the fee simple title of a rental unit,
or of a beneficial and equitable interest therein or a lesser estate
thereon. The following person, persons, firms or corporations are
included in the definition of "owner" of a rental unit: a mortgagee,
or vendee in possession, assignee or rents, receiver, executor, administrator,
trustee, lessee, agent, or any other person, firm, corporation, partnership,
or other entity directly or indirectly in control of a structure,
dwelling, building in which a rental unit is located, or of an individual
rental unit. Any person, persons, firms or corporations who holds
the title to any real property.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
A room or group of rooms within a building or structure which
is either rented, leased, let or hired out to be occupied or is occupied,
for which the owner of the rental unit receives any value, including,
but not limited to money, or the exchange of services, as the temporary
or permanent residence or house of one or more individuals. An owner-occupied
unit can be a rental unit if any part thereof is rented, leased, let
or hired out to be occupied or is occupied, in exchange for a value,
including, but not limited to, money, or the exchange of services,
as the temporary or permanent residence or house of one or more individuals.
Each rental unit within a building is a separate unit requiring a
license.
An individual which rents, leases, hires, or occupies a rental
unit, whether for a consideration or not, as a temporary or permanent
residence.
The purpose of this chapter is to protect the public health,
safety, and general welfare of the residents of the City of Monessen,
including but not limited to:
A.
The protection of the character and stability of residential areas;
B.
The correction and prevention of housing conditions which adversely
affect or are likely to adversely affect the life, safety, general
welfare, and health, including the physical, mental, emotional, and
social well-being or persons occupying dwellings and adjoining or
neighboring properties;
C.
The prevention of overcrowding of dwellings;
D.
The prevention of slums and blight;
E.
The preservation of the value of land and buildings throughout the
City.
A.
Every landlord, lessor, optionor, individual seller or residential,
commercial or institutional real estate situate in the City of Monessen
leasing, holding for lease, holding for lease with option to sell,
or selling pursuant to an article of agreement or installment land
contract must first register with the City of Monessen each calendar
year, effective immediately, and each and every subsequent calendar
year and provide to the City:
B.
Every property owner with occupants other than the property owner,
whether a formal agreement, lease or any other binding document exists
or not, is required to register said property, pursuant to the articles
in this chapter.
C.
Each such landlord, lessor, optionor, individual seller, or property owner shall pay a yearly permit fee as set forth in § 352-15 of this chapter.
D.
All such landlords, lessors, optionors, individual sellers, or property
owners operating under a fictitious name, corporate name, land trust
or similar trust document shall also provide a copy of said fictitious
name, articles of incorporation, land trust or trust document as part
of the registration process.
E.
It shall be unlawful for any person, firm or corporation to conduct
or operate, or cause or permit to be rented or occupied either as
owner, lessee, agent or manager within the City, any rental unit without
having first obtained a license or temporary certificate to do so
as hereafter provided. It shall also be unlawful for any person, firm
or corporation to conduct or operate, or cause or permit to be rented
or occupied any property in the City of Monessen by anyone other than
the property owner without having first obtained a license, temporary
certificate, or registering the information of the property owner,
to do so as hereinafter provided.
F.
On or before June 30, 2021, and each year thereafter, the property
owner with occupants other than the property owner, including rental
units, whether a formal agreement, lease or any other binding document
exists or not, shall make written application on forms prescribed
therefore to the City Code Enforcement Officer, containing such information
as necessary to administer and enforce and to ensure compliance with
the provisions of this chapter and the building current, in their
entirety. The application shall specify the rental unit the owner
desires permission to operate or rent, as well as the total number
of tenants the owner requests permission to occupy the rental unit.
G.
In addition, the owner of each rental unit constructed or proposed
to be rented, occupied or used after the effective date of this chapter
but not yet existing, rented or occupied as such shall make written
application to the Code Enforcement Officer for a license as hearing
provided prior to any initial occupancy.
H.
Upon receipt of a completed application for license, for an existing
an occupied rental unit with tender of the appropriate license fee
as hereinafter provided, the City Code Enforcement Officer shall issue
a temporary certificate indicating that the license has been duly
applied for, and that such license shall be issued on tonight after
the building, including, but not limited to, interior portions thereof
intended or use for human habitation, have been inspected for compliance
with the provisions of this chapter and the building codes.
I.
Temporary certificate, as issued, shall authorize continued occupancy
of such rental unit in actual existence and use on the effective date
of this chapter, pending the issuance or denial of the applied for
license.
J.
Units proposed to be rented, occupied or used or for which construction
is to be completed, for use as or a conversion to a rental unit, after
the effective date of this chapter, but not yet so used or occupied,
shall not be occupied for human habitation as a rental unit prior
to issuance of a license.
K.
Upon completion of the inspection of the building or buildings, if
the City Code Enforcement Officer finds the requirements of this chapter
in the building codes have been met, a license shall be issued. Such
license shall identify the unit which is authorized for operation
and occupancy as a rental unit as well as the total number of tenants
which may lawfully occupy the rental unit. It shall be a violation
of this chapter to occupy, use or permit the occupancy or use of a
unit not covered by, or contrary to, a duly issued license.
L.
If the Code Enforcement Officer finds that the requirements of this
chapter or building codes have not been met, a written denial specifying
the defects shall be transmitted to the applicant. When the license
has been denied, expired, suspended, or revoked, no further rental
or occupancy of rental units then vacant or which may become vacant
shall be permitted until the license has been issued. It shall be
the owner's responsibility to remove all tenants occupying a
rental unit for which license is denied, expired, suspended or revoked.
M.
The rental units within the structure which are in compliance with
this chapter and building codes may continue to be occupied of units
or other areas in other portions of the structure which do not comply,
do not create any hazard to the health safety or welfare to the persons
in the occupied units.
N.
Unless sooner revoked or suspended for cars, each license expire
on June 30 of each year and may be renewed for successive one-year
periods.
O.
A license issued hereunder is transferable, for a fee of $2, to any
owner who has acquired ownership of a licensed rental unit for the
unexpired portion of the one-year term for which it was issued or
re-issued, provided that the application to transfer such license
is timely filed with the City Code Enforcement Officer for a change
of ownership and the licensed rental unit is in compliance with this
chapter and City building codes. A license shall terminate upon failure
to apply for a transfer within 30 days of the date of sale or transfer
of ownership of the rental unit.
P.
Licenses issued under this chapter shall be prominently in publicly
displayed on the premises of the structure, or produced on the request
of a tenant or prospective tenant and shall be available at reasonable
times for inspection by the City Code Enforcement Officer at a location
within the City of Monessen.
Q.
In the event the inspection of the subject property by the Code Enforcement
Officer of the City of Monessen reveals the subject property is in
compliance with all relevant ordinances of the City of Monessen, the
Code Enforcement Officer shall forthwith issue an occupancy permit
to the owner of the subject property.
R.
In the event the inspection of the subject property by the Code Enforcement
Officer reveals the subject property is not in compliance with all
relevant ordinances of the City of Monessen, said Code Enforcement
Officer shall provide the owner with a specific list of violations
along with a reasonable time period in which the property owner shall
bring the subject property into compliance. The subject property shall
remain unoccupied until the occupancy permit is granted. Said property
shall be subject to inspection by the Code Enforcement Officer at
regular intervals to determine the extent of compliance and subject
to penalties for noncompliance and set forth in the relevant ordinances
of the City of Monessen.
S.
Upon receipt of the completed application and payment of the occupancy
permit fee, the Code Enforcement Officer of the City of Monessen is
authorized and empowered to inspect the subject property for compliance
with all relevant ordinances of the City of Monessen. Prior to any
inspection, said applicant must pay an inspection fee. The inspection
fee shall be set by City Council and may be modified, from time to
time, by resolution.
A.
A license shall be suspended upon a finding by the City Code Enforcement
Officer that one or more of the requirements of this chapter or the
building codes have been violated. The Code Enforcement Officer shall
give written notice to the license holder of such violations. Service
upon a managing agent shall be deemed service upon the license holder.
B.
Said written notice may be served upon the owner, or such owner's
managing agent by any of the following methods:
(1)
Personal service by hand delivery;
(2)
Certified mail, return receipt requested;
(3)
By handing a copy at the residence of the owner, agent, to an adult
member of the family with him such person resides; but if no adult
member of the family is found, then to an adult person in charge of
such residence;
(4)
By handing a copy at any office or usual place of business of the
owner or the managing agent to their agent or to the person for the
time being in charge thereof.
C.
Upon failure of the license holder to correct the violation stated
in the notice of violation within 30 days, or such short a time as
designated by the City Code Enforcement Officer, the license may be
revoked. A suspended license may be reinstated upon meeting the requirements
of the building codes. Issuance of a new license after revocation
shall be subject to payment of the full amount of the applicable license
fee and the procedures for issuing set forth above.
Any occupied structure shall, at the sole discretion of the
City, be subject to a random inspection to determine its fitness for
habitability in accordance with the City's occupancy codes, quality
of life codes, and any other applicable regulations and ordinances,
and each such landlord, lessor, optionor, individual seller, or property
owner shall permit such inspection upon request by the City.
A.
Every owner of a rental unit as above defined shall file with the
City Code Enforcement Officer, within 60 days after the adoption of
this chapter, a written registration statement on forms to be supplied
by the City Code Enforcement Officer, containing the following information:
(1)
A description of the rental unit by street number, tax I.D. parcel
number, and apartment number or other indicia sufficient to distinguish
the rental unit from all others;
(2)
The name and residence and business address of such owner, together
with his residence and business telephone number or, if such owner
is a corporation, the name, telephone number and address of such corporation
and the name, residence and business address of all officers thereof,
together with the residence and business telephone numbers of the
corporation's officers;
(a)
If the owner of the rental unit is a partnership, the written
registration statement shall include the name, residence address,
business address, and residence and business telephone numbers of
all natural persons who are partners. If an entity other than a natural
person is a partner, then the written registration statement shall
contain the name and residence and written business address, and residents
and business telephone number of all natural persons who are officers
of that entity;
(b)
If an owner is a limited liability company, then the written
registration statement shall contain the name and residents and business
address, and residents and business telephone number of all natural
persons who are organizers. If an organizer is an entity other than
a natural person, and the written registration statement shall include
the name and business and residential address, and residents and business
telephone numbers of all natural persons who are principles thereof;
(c)
If an owner is a business trust, then the written registration
statement shall include the name, residents and business address,
and residents and business telephone numbers of the settlor, the trustee
and the beneficiaries of the trust.
(3)
The number of tenants the owner proposes to have occupancy in the
rental unit.
B.
Designation of managing agent:
(1)
The name, residence, business address and residence and business
telephone numbers of a natural person, 21 years of age or over, who
resides within the City or a radius of 15 miles surrounding the City
and who shall be designated by such owners as a managing agent who
may be accessible regarding maintenance and operation of such rental
unit, and who shall be designated as the person upon whom process
may be served on behalf of the owner.
(2)
The managing agent shall keep a current record of all the tenants,
and their names and address, who are renting, leasing or living in
each rental unit on the premises. The list shall be available for
inspection by the Code Enforcement Officer at reasonable times at
a location within the City.
(3)
There shall be endorsed upon the registration statement a written
consent to such designation as managing agent signed by such managing
agent. An owner who is a natural person and who resides within the
City or a radius of 15 miles surrounding the City and otherwise meets
the requirements of this subsection may designate himself as such
managing agent.
(4)
Nothing contained in this section shall be construed as preventing
a corporation, which is an owner of a rental unit, from designating
as its managing agent with respect thereto any officer of such corporation
who meets the requirements of this subsection as to the location of
the residence of a managing agent.
(5)
Any designation as managing agent made pursuant to the provisions
of this section shall remain in full force and effect until changed
or terminated hereinafter provided.
C.
Where, after the filing of any registration statement in relation
to any rental unit under the applicable provisions of this chapter,
the owner of such rental unit shall have granted or transferred his
rights, title or interest there in or in any part thereof, such owner
shall file with the City Code Enforcement Officer, within 10 days
after such grant or transfer, a written statement which shall contain
the name, residents and business address, and residents and business
telephone numbers of the grantee, transferee or other successor of
such right, title or interest, or is such grantee, transferee or successor
is a corporation, the name, telephone number and address of such corporation.
D.
Where, after the filing of any registration statement with the City
Code Enforcement Officer pursuant to the applicable provisions of
the section, any change, other than a designation of a different managing
agent or a change of ownership or interest, occurs in any name, residence
or business address, list of officers or telephone number(s) or any
other information required to be included in such statement, the owner,
within 10 days after such a change, shall file, and duplicate, on
forms to be furnished by the City Code Enforcement Officer, a statement
setting forth the particulars of such change so I asked to supply
the information necessary to make currently correct the last registration
statement file pursuant to the applicable provisions of this chapter.
E.
Any designation of a managing agent made pursuant to the applicable
provisions of this chapter shall cease to be effected if such agent
shall die or be judicial declared incompetent.
F.
Any owner may terminate the designation of a managing agent by filing
with the City Code Enforcement Officer a written designation of a
new managing agent made income form a team with the provisions hereinabove.
G.
If any owner shall fail to file a designation of a new managing agent
with the City Code Enforcement Officer in conformity with the provisions
herein and within the following time periods, such a owner shall be
guilty of a violation of this chapter:
(1)
On or before the effective date of a notice of termination or within
three business days after an owner received a notice of termination
from a managing agent or other termination of a written designation,
or 15 days after any such agent shall die or be judicially declared
incompetent.
(2)
Any registration statement or designation of a managing agent required
to be filed with the City Code Enforcement Officer under the provisions
of this chapter shall be signed by an owner or, if such owner is a
corporation, but an authorized officer thereof.
(3)
Any such registration statement or designation of a managing agent
shall be deemed prima facie proof of the statements that are contained
in any prosecution or a litigation instituted by the City or any department,
commission, agent or authority thereof against the owner or managing
agent of a rental unit.
A.
At the time of application for the license or for license renewal
required by this article, the Code Enforcement Officer shall collect
the following license fee for each rental unit:
(1)
$25 if the owner resides or maintains its principal place of business
within the City of Monessen;
(2)
$100 if the owner has designated a property manager who resides within
the City of Monessen;
(3)
$150 if the owner has a designated property manager who resides outside
the City of Monessen, within five air miles outside the borders of
the City of Monessen.
(4)
$250 if the owner resides outside of the City of Monessen and has
not designated a property manager who resides within the City of Monessen;
or if said property manager resides more than five miles outside of
the border of City of Monessen.
B.
The license fee shall be tendered with the application for a rental
unit license and annually thereafter on or before the date of license
renewal. The license fee shall be subject to a 1% penalty per month,
or any portion thereof, beyond the date due and payable. No refund
of license shall be made to those discontinuing operation or who sell,
transfer, give away, or otherwise dispose of a licensed rental unit
to another person. If an application is denied, the license fee will
be returned to the applicant.
C.
By resolution, City Council may modify the amount of the license
fees stated herein, from time to time.
A.
In the case where an immediate family member of the property owner
is regularly occupying said property, there shall be no annual occupancy
fee; however, the property owner must provide proof of familial status,
by submitting a certification statement that is signed by both the
property owner and the family member(s) who are occupying the said
property. Such certification must affirm that the property owner and
occupant are immediate family members, and such certification must,
upon signing, be notarized by a notary public, and submitted to the
City Code Enforcement Officer, with any applicable forms.
City Council may, by resolution, categorize and/or classify
and re-categorize and/or re-classify rental units in the City and
modify application or other deadlines under this chapter, so as to
stagger inspections of rental units.
The requirements of this chapter shall not apply to any person
excluded or exempt by law from application of the requirements of
this chapter, nor two hotels, motels nor nursing homes, as nursing
homes are defined in the Zoning Ordinance of the City; provided, however,
that this exclusion shall not be available for, and this chapter shall
be fully applicable to, any and all hotels and/or motels which permit
or suffer continued occupancy by one or more tenants for a period
in excess of three consecutive months. Such hotel and/or motel shall
lose this exclusion and shall comply with the terms of this chapter
within 10 days of such occurrence.
For the rental unit license and all renewals, it shall be the
duty of every owner of a rental unit within the City to certify to
and file with the City Code Enforcement Officer a list of the names
of all lessees, tenants, and occupants, as well as their permanent
addresses and the telephone number for such permanent addresses, for
each rental unit, whether licensed or not. Where any change occurs
in any tenant(s) or lessee(s) name or residence, the owner, within
10 days after such change, shall certify the same to the City Code
Enforcement Officer, so as to supply the information necessary to
make currently correct the last tenant list filed by the owner.
The obligation to apply for a license fee for a rental unit
license shall not apply to any owner currently holding a valid license
under another City ordinance which is rescinded by the adoption hereof
until the expiration or other termination of such current license;
provided, however, that all other requirements under this chapter
shall apply to and be complied with by all rental unit owners.
A.
Every owner of a rental unit in the City who willfully or negligently
fails to register a rental unit, pay the license fee, license a rental
unit or file a list of tenants an occupant shall be liable for, in
addition to other penalties herein provided, the payment of all sewer
rents and charges as levied by the City, together with all penalties,
cost, interest and lien charges. This provision shall in no way modify
or nullify any others persons' or tenants' liability for
the same.
B.
The Code Enforcement Officer shall not issue a license or temporary
certificate as to such property until all such delinquent charges,
penalties, costs, interest and lien charges have been paid in full.
C.
Any person, persons, firm, corporation, or organization knowingly
providing fictitious information provided on official City forms for
the purposes of this chapter shall be considered shall be constituted
as perjury.
A.
All owners of any real property or separately secured portion thereof
located in the City of Monessen shall report any change in use or
occupancy of said subject property pursuant to this chapter. However,
it shall not include transient or casual rentals for persons not permanently
residing in or occupying said premises, i.e., hotel, inn, boarding
house, etc. Any occupancy of premises for a period in excess of 10
days shall be presumed to be a permanent occupancy of said premises
and the occupier shall be deemed to be a resident.
B.
An individual, person, business or an agent seeking an occupancy
permit or reporting a change of status for any information needed
to satisfy the requirements of this chapter shall file an application
with the Code Enforcement Officer of the City of Monessen, no less
than 10 days immediately prior to the occupation of the subject property
setting forth the following information:
(1)
The owner's legal name and address and contact information;
(2)
Name and address of rental agency or property manager, if any;
(3)
Specific location of the subject property;
(4)
Name and birthdates of all proposed occupants;
(5)
The nature of the proposed use of the subject property;
(6)
Term of lease or rental, if applicable;
(7)
The proposed date of occupancy.
C.
In the event that the subject property becomes vacant or changes
use of occupancy without prior knowledge of the owner, said change
in status shall be reported as aforesaid to the Code Enforcement Officer
of the City of Monessen, within 14 days of the change in status.
D.
Any property that becomes vacant shall be subject to fees and penalties
based on the City's Vacant Property Registry Ordinance (Ordinance
11 of 2020).
A.
Any owner violating any of the provisions of this chapter, or providing
or filing any false information required pursuant to this chapter,
shall, upon conviction thereof, in summary proceeding before district
justice, be subject to a fine of not more than $1,000 together with
the cost of prosecution, and a default payment thereof, shall be subject
to a president for not more than 30 days. Each day that the tenant
resides in an unlicensed rental unit shall constitute a separate violation.
Anyone violating any provisions of this chapter by intentionally or
knowingly lying or falsifying information on official City forms shall
also commit perjury, and shall be prosecuted accordingly.
B.
It shall be a violation of this chapter for any person to occupy
any premises as an owner or otherwise without having first complied
with this chapter.
C.
It shall be a violation of this chapter for any owner and/or his
agent to lease, rent, or otherwise permit occupancy of any dwelling
under his or her respective ownership and/or control without having
filed with the Code Enforcement Officer the notice of occupancy set
forth and required hereinabove. It shall be a further violation for
an owner and or his agent to collect rent or lease payments from any
tenants for any dwelling unit without first having complied with the
obligations of this chapter.
D.
Upon conviction before a Magisterial District Judge within the judicial
district wherein the subject property is located, any individual,
business, or agent thereof in violation of any provision of this chapter
shall be subject to a fine of up to $1,000 but not less than the fine
established for the conviction of a summary offense as set forth in
Title 18 Pa.C.S.A. § 1101, as amended and/or subject to
imprisonment for a term not to exceed the maximum imposed for summary
offenses as set forth in Title 18 Pa.C.S.A. § 1105, as amended,
at the discretion of the Court. Each day that a violation continues
after due notice thereof shall be deemed a separate offense.
That is owned by more than one person, in any form of joint
tenancy, as partnership, or otherwise, each person, including each
corporate officer of a corporate owner shall be jointly and severally
subject to prosecution and liability for a violation of this chapter.
It shall further be unlawful for any landlord to offer for rent
or rent any residence or unit without the landlord providing for adequate
fire insurance to cover 150% of the replacement cost of the structure.
A.
In the event any provision, section, sentence, clause or part of
this chapter shall be held to be invalid or unconstitutional by a
Court of competent jurisdiction, such invalidity shall be severable
and shall not affect or impair any of the remaining provisions, sections,
sentences, clauses, or parts of this chapter; it being the intent
of the City of Monessen that the remainder of the Ordinance shall
be and shall remain in full force and effect.
B.
If any section, subsection, sentence, clause or phrase of this chapter
is held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter.
Ordinance 6 of 2001 (Ordinance 1045) is hereby repealed and
rescinded.
Ordinance 1 of 2003 (Ordinance 1059) is hereby repealed and
rescinded.
Ordinance 6 of 2012 (Ordinance 1172) is hereby repealed and
rescinded.
Ordinance 3 of 2014 (Ordinance 1185) is hereby repealed and
rescinded.
Ordinance 7 of 2016 (Ordinance 1202) is hereby repealed and
rescinded. All ordinances or resolutions or parts of ordinances or
resolutions insofar as they are inconsistent herewith are hereby repealed
and rescinded.
This chapter shall come into effect immediately upon enactment.
