[Adopted 11-7-2007 by Ord. No. 07-12]
As used in this article, the following terms shall have the meanings indicated:
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a dwelling unit that is so loud, untimely (time of day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in the peaceful enjoyment of their premises such that a report is made to police complaining of such action, conduct, incident or behavior. It is not necessary that such action, conduct, incident or behavior constitute a criminal offense nor 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 such conduct shall not be deemed to have occurred unless the police shall investigate and make a determination that such conduct did occur.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct, to be completed by the police officer who actually investigates an alleged incident of disruptive conduct.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes.
GUEST
A person on the premises with the actual or implied consent of an occupant.
OCCUPANT
An individual who resides in a 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.
OWNER
One or more persons (as defined herein), 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 rental unit.
PEACEFUL ENJOYMENT
Conduct in a manner that will not disturb or infringe upon the occupants and/or guests of adjacent or nearby dwellings.
PERSON
A natural human being, partnership, corporation, unincorporated association, limited partnership, trust or any other similar legal entity.
POLICE
The Police Department of the Borough of Bellevue or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of Bellevue.
TENANT
An individual who resides in a 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.")
UNRELATED
Of or pertaining to two or more persons not related to one another through blood to the level of second cousins, adoption or marriage.
A. 
It shall be the duty of every owner to keep and maintain all rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances.
B. 
As provided for in this article, every owner shall be responsible for regulating the proper and lawful use 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 rental unit which he, she or it owns in the Borough of Bellevue, which conduct or activity takes place at such rental unit or its premises.
C. 
In order to achieve those ends, every owner of a rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below.
D. 
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.
E. 
This article is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough of Bellevue against an owner, occupant or guest thereof.
A. 
General. The occupant shall comply with all obligations imposed upon occupants by this article, all applicable codes and ordinances of the Borough of Bellevue and all applicable provisions of the laws of the Commonwealth of Pennsylvania.
B. 
Health and safety regulations.
(1) 
The maximum number of persons permitted in any rental unit at any time shall not exceed the standards outlined in the International Property Maintenance Code, as adopted by the Borough of Bellevue, concerning occupant load. 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.
(2) 
The occupant shall dispose from his or her rental unit all rubbish, garbage and other waste in a clean and safe manner as prescribed in the International Property Maintenance Code and separate and place for collection all recyclable materials in compliance with the Recycling Plan of the Borough of Bellevue Solid Waste and Recycling Ordinance.[1]
[1]
Editor's Note: See Ch. 225, Art. I, Recycling.
C. 
Peaceful enjoyment. The occupant shall conduct himself or herself and require other persons, including but not limited to guests on the premises and within his or her 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 rental unit for no other purpose than as a residence.
E. 
Disruptive conduct.
(1) 
The occupant shall not engage in nor tolerate nor permit others on the premises to engage in disruptive conduct or other violations of this article.
(2) 
When police investigate 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 applicable, the officer shall, upon request when available, mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct.
(3) 
The third occurrence of disruptive conduct by the occupant or a guest of any one dwelling unit within any consecutive twelve-month period will allow the owner of the premises the right and opportunity for the eviction of the occupant of said dwelling unit. The Borough will provide supporting testimony and witness to the disruptive conduct.
(4) 
A copy of the disruptive conduct report pertaining to police matters may be available upon request with applicable fees.
(5) 
The confirmation of a third occurrence of disruptive conduct of an occupant or guest of any one dwelling unit within any consecutive twelve-month period shall constitute a violation of this article, and the police officer shall file a citation against said occupant or guest, who shall be subject to punishment as more specifically set forth in § 210-12.
[Added 11-5-2008 by Ord. No. 08-13; amended 8-5-2009 by Ord. No. 09-09]
F. 
Compliance with rental agreement. The occupant shall comply with all lawful provisions of the rental agreement entered into between the owner and occupant. Failure to comply may result in the eviction of the occupant by the owner.
G. 
Damage to premises. The occupant shall not intentionally cause, nor permit, nor tolerate others to cause, damage to the premises. Conduct which results in property damages shall be considered a violation of this article.
H. 
Tenant's covenants and obligations.
(1) 
The tenant shall comply with all applicable codes and ordinances of the Borough of Bellevue and all applicable state laws.
(2) 
The tenant shall not engage in any conduct on the leased premises which is declared illegal under the Pennsylvania Crimes Code[2] or Liquor Code[3] or the Controlled Substance, Drug, Device and Cosmetic Act[4], nor shall the tenant permit others on the premises to engage in such conduct.
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
[3]
Editor's Note: See 47 P.S. § 1-101 et seq.
[4]
Editor's Note: See 35 P.S. § 780-101 et seq.
(3) 
The tenant shall use and occupy the leased premises so as not to disturb the peaceful enjoyment of adjacent or nearby premises by others.
(4) 
The tenant shall not engage in, nor tolerate, nor permit others on the leased premises to engage in disruptive conduct, which is defined as "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, offensive, riotous or that otherwise unreasonably disturbs other persons in their peaceful enjoyment of their premises such that a report is made to the police. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor 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 police shall investigate and make a determination that such did occur and keep written records."
A. 
Penalties. Any violation of this article shall constitute a summary offense punishable, upon conviction thereof by a Magisterial District Judge, by a fine not to exceed $1,000 plus costs or by a term of imprisonment not to exceed 30 days. Each day of a violation shall constitute a separate and distinct offense.
B. 
Nonexclusive remedies. The penalty provisions of this article shall be independent, nonmutually exclusive, separate remedies, all of which shall be available to the Borough of Bellevue 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 Borough in the case of a violation of any other code or ordinance of the Borough, 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.
A. 
Owners severally responsible. If any rental unit is owned by more than one person, in any form of joint tenancy, as a partnership, land lease, rent with option to buy, executor of an estate 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.
B. 
Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared severable.