[Adopted 12-5-2006 by Ord. No. 06-08]
This article shall be known as the "Borough of Bellevue Census
Enumeration Ordinance."
This article is adopted to provide the Borough of Bellevue and
the Northgate School District with relevant information regarding
its residents, property usage and occupancy, and school facility utilization.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein unless
a different meaning clearly appears from the context:
Any person who is authorized to act on behalf of a property
owner and provides written proof thereof.
The Borough of Bellevue, Allegheny County, Pennsylvania.
The person in the position of the "census enumerator" for the Borough of Bellevue as defined in the Personnel System of the Borough of Bellevue; see § 30-8A(5).
The person in the position of Director of Administrative
Services for the Borough of Bellevue.
A structure containing two dwelling units, each of which
has direct access to the outside.
A building or portion thereof designed for and used exclusively
for residential occupancy.
A single unit with an area of at least 500 square feet, providing
independent living facilities for one or more persons, including permanent
window sash area of at least 25 square feet, and served by a heating
system capable of providing 68° F. throughout the unit when the
outside temperature is 0° F.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, who receives rent
and leases a dwelling unit or a rooming unit in a boardinghouse, lodging
or tourist home to a tenant for a period of time.
An adult person designated by the owner as agent for the
owner of the premises, who has charge of a multiple-unit dwelling
or a business unit and who acts as the agent of the owner for service
of process and receiving notices or demands, and who performs the
obligation of the owner under this article and under rental agreements
with occupants.
A building or portion thereof containing or designated to
contain three or more individual dwelling units, with separate cooking
and toilet facilities in each dwelling, and each for exclusive use
by one family, including, but not limited to, double houses, row houses,
townhouses, condominiums, apartment houses and conversion apartments.
An individual resident or tenant in a regulated dwelling,
rental dwelling unit or commercial facility on a temporary or permanent
basis, whether or not he or she is the owner thereof, with whom a
legal relationship with the owner or landlord is established by a
written or oral lease or by the laws of the Commonwealth of Pennsylvania.
One or more persons, jointly or severally, who has a property
right in a premises, and every person who owns, has, keeps or maintains
a premises with the right to the 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.
An individual, proprietorship, partnership, corporation,
association, limited partnership, limited liability company, trust,
or any other legal entity.
Any parcel of real property in the Borough, including the
land and all buildings and appurtenant structures or appurtenant elements
on which one or more regulated rental units is located, including
condominium units.
Any dwelling unit, rooming unit, business unit or similar
property that is governed by this article as far as providing reports
regarding the use and occupancy of the affected rental units.
A written agreement between an owner or landlord and an occupant
or tenant embodying the terms and conditions concerning the use and
occupancy of a specified regulated rental unit or premises.
A dwelling house, other than a multifamily dwelling, providing
for compensation or other consideration rooming units for the lodging
of people in addition to the owner.
A room or rooms constituting a separate, independent dwelling
unit that is physically separated 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 not more than one family.
The Northgate School District.
A detached residential building which is the only principal
structure on the lot, designed and/or constructed exclusively for
and occupied exclusively by one family group and containing only one
dwelling unit.
An individual who resides in a regulated rental unit and
who pays rent or other consideration and leases space, a dwelling
unit, or a rooming unit from the owner or landlord for a period of
time through a written or oral lease or by the laws of the Commonwealth
of Pennsylvania.
Within 90 calendar days from the effective date of this article,
every owner of an owner-occupied dwelling unit within the Borough
of Bellevue shall contact the Director of Administrative Services
or his designee, the Census Enumerator, and shall supply the following
information:
A.
The Allegheny County lot and block number of the parcel of real estate
upon which the owner-occupied residential building is located; and
B.
The name or names and age category group (zero to five years old,
six to 18 years old, over 18 years old) of each person inhabiting
the owner-occupied residential building not having a legal address
elsewhere.
Within 90 calendar days from the effective date of this article,
every owner, landlord, manager or agent for an owner who rents or
leases any existing dwelling unit in any single-family dwelling, two-family
dwelling, multifamily dwelling, group care facility, group residence
facility, personal care home, and existing rooming unit in any rooming
house, including a boardinghouse, lodging or tourist home, or condominium
in the Borough of Bellevue to any tenant for a period of time in excess
of 30 days in any calendar year, shall register such existing building
as a property being utilized as rental property with the Director
of Administrative Services or his designee, the Census Enumerator,
and shall supply the following information on a form provided by the
Census Enumerator:
A.
A complete list of the dwelling units and rooming units owned and
located within the Borough of Bellevue, whether occupied or not occupied,
including the number of units in each such building.
B.
The complete street address and mailing address of each dwelling
unit and rooming unit.
C.
A notation indicating whether or not any said dwelling unit or rooming
unit is inhabited, occupied or used by a tenant.
D.
The Allegheny County lot and block number of each parcel of real
estate upon which is located a rental dwelling unit or a rental rooming
unit.
E.
The name or names, mailing addresses, and age category (zero to five
years old, six to 18 years old, over 18 years old) of each tenant
inhabiting, occupying or using each such dwelling unit or rooming
unit.
F.
School attended by each child under 18 years of age.
G.
The period of time for which the rental for each unit is made.
H.
The name, mailing address, and telephone number of the manager of
the regulated rental unit, if any.
I.
The name, mailing address, and telephone number of the owner of the
regulated rental unit.
J.
This information shall be obtained by the landlord from the tenant
or occupant at the time the rental or lease agreement is entered into.
After the effective date of this article, every owner, landlord, manager or agent for the owner who rents or leases any real property within the Borough of Bellevue shall report to the Borough Director of Administrative Services or his designee, the Census Enumerator, any change in the occupancy of any dwelling unit or rooming unit in the Borough of Bellevue rented for a period of time of 30 days or more in any calendar year. The reported change shall include the information as identified in § 210-5 herein, together with the date when such changes were effective. The forwarding address of the previous tenant(s) shall also be provided, if known. If any rented unit becomes vacant or any vacant unit becomes rented, such change shall be reported. All reports required by this section shall be made not later than the 10th day of the month following the month after the owner, landlord, manager or agent for the owner has knowledge that such a unit has had a change in occupancy, use or has become vacant.
A.
Any person,
partnership, corporation, limited liability company or other legal
entity who violates any of the provisions of this article shall, upon
conviction in a summary proceeding initiated by the Census Enumerator
of the Borough of Bellevue, be fined not less than $500 and costs
and, in default of the payment of fine and costs, shall be committed
to the Allegheny County Jail for a period not to exceed 30 days. Nothing
contained herein shall be deemed to preclude the Borough from seeking
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 article,
including civil actions that may include in the pleadings the right
to reasonable attorneys' fees.
B.
Each day
that a person, partnership, corporation, limited liability company
or other legal entity is in violation of any provision of this article
shall be deemed a separate offense.
