[Ord. 2017-9, 11/6/2017]
This Part shall be known as the Borough of Forty Fort "Residential
Rental Unit Occupancy Ordinance."
[Ord. 2017-9, 11/6/2017]
It is the purpose of this Part and the policy of the Council
of the Borough of Forty Fort, in order to protect and promote the
public health, safety and welfare of its citizens, to establish rights
and obligations of owners and occupants relating to the rental of
certain residential rental units in the Borough of Forty Fort and
to encourage owners and occupants to maintain and improve the quality
of rental housing within the community. It is also the policy of the
Borough that owners, managers and occupants share responsibilities
to obey the various codes adopted to protect and promote public health,
safety and welfare. As a means to those ends, this Part provides for
a system of inspections, issuance and renewal of occupancy licenses
and sets penalties for violations. This Part shall be liberally construed
and applied to promote its purposes and policies. In considering the
adoption of this Part, the Borough of Forty Fort finds that in recent
years, many formerly private homes have been turned into residential
rental units. Those rental units have often times been rented to individuals
who, because they have no ownership interest in the property, have
allowed the properties to deteriorate. In many cases, the owners of
the properties live long distances from the Borough of Forty Fort.
As a result, property maintenance of many rental units in the Borough
of Forty Fort has been somewhat lax. In addition, problems have occurred
because many tenants, because they have no ownership interest in the
real estate, have not been concerned about following codes of the
Borough of Forty Fort, including codes which govern maintenance and
safety of the property. This, in turn, has caused problems for other
homeowners near the rental units. In addition, there is a greater
incidence of violations of various codes of the Borough of Forty Fort
in residential rental properties where owners rent properties to tenants.
[Ord. 2017-9, 11/6/2017]
As used in this Part, the following terms shall have the meanings
indicated:
CODE
Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Forty Fort concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following which are in effect as of the date of the enactment of this Part: the Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, the International Plumbing Code, the International Fire Prevention Code, the International Electrical Code, the Floodplain Management Ordinance [Chapter
8], the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement for the Borough of Forty Fort and
any assistant or agents.
COMMON AREA
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events, or the congregation
of people, excepting bedrooms.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that is so loud, offensive, riotous or that otherwise disturbs
other persons of reasonable sensibility in their peaceful enjoyment
of their premises such that a report is made to police and/or to the
Code Enforcement Officer complaining of such conduct, action, incident
or behavior. 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 Code Enforcement Officer or police shall
investigate and make a determination that such did occur and keep
written records, including a disruptive conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct, and which shall be maintained by the Code Enforcement
Officer.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
LANDLORD
One or more persons, jointly or severally, in whom is(are)
vested all or part of the legal title to the premises or all or part
of the beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit (same as "owner").
LANDLORD-TENANT ACT
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101
et seq., as amended.
MANAGER
An adult individual designated by the owner of a residential
rental unit.
OCCUPANCY LICENSE
The license issued to the owner of residential rental units
under this Part, which is required for the lawful rental and occupancy
of residential rental units.
OCCUPANT
An individual who resides in a residential 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 lease or by the laws of
the Commonwealth of Pennsylvania.
OWNER
One or more persons, jointly or severally, in whom is(are)
vested all or part of the legal title to the premises or all or part
of the beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
POLICE
The Police Department of the Borough of Forty Fort or any
properly authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Borough of Forty Fort.
PREMISES
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 rental units are located.
RENTAL AGREEMENT
A written agreement between an owner/landlord and an occupant/tenant, supplemented by the addendum required under §
11-504, Subsection
5D, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
RESIDENTIAL RENTAL UNIT
Any structure within the Borough of Forty Fort which is occupied
by someone other than the owner of the real estate as determined by
the most-current deed. Each apartment within a building is a separate
structure requiring an inspection and a license.
[Amended by Ord. No. 4-2022, 12/5/2022]
STRUCTURE
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
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 lease or by the laws of the
Commonwealth of Pennsylvania (same as "occupant"). For the purposes
of this Part, a person who has a legal agreement to purchase a residential
rental unit, but is not yet the legal owner, shall be deemed to be
a tenant (or occupant, as defined above).