[HISTORY: Adopted by the Mayor and Council of the City of
Washington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-5-2011 by Ord. No. 1840; amended in its entirety 5-2-2013 by Ord. No. 1855]
A.
Purpose and policy; findings.
(1)
It is the purpose of this article and the policy of the City of Washington,
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 dwellings units in the
City of Washington 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 City 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 article provides for a system of inspections, issuance
and renewal of rental registration and licensing, owner's duties,
occupant's duties, and sets penalties for violations. This article
shall be liberally construed and applied to promote its purposes and
policies.
(2)
In considering the adoption of this article, the City of Washington
makes the following findings:
(a)
There is a greater incidence of violations of various codes
of the City of Washington at residential properties where owners do
not reside in the City and rent such property to individuals than
at owner-occupied residential properties or family-occupied residential
rental properties.
(b)
There is a greater incidence of problems with the maintenance
and upkeep of residential properties where owners do not reside in
the City and rent such property to three or more unrelated individuals
than at owner-occupied residential or family-occupied residential
properties.
(c)
There is a greater incidence of disturbances, which adversely
affect the peace and quiet of the neighborhood at residential properties
where owners rent to three or more unrelated individuals than at owner-occupied
residential properties or family occupied residential rental properties.
B.
City of Washington desires to institute a residential housing rental
permit program to provide for the registration and regulation of rental
housing located within the City, to allow inspections in the case
of noncompliance, to provide for a voluntary inspection, to provide
a system of inspections and to provide penalties for violations thereof.
C.
The City of Washington Code of Ordinances is hereby amended and supplemented
by adding this article to its existing Code of Ordinances to provide
for the registration and regulation of rental housing located within
the City, to allow inspections in the case of noncompliance, to provide
for a voluntary inspection, to provide a system of inspections, to
provide penalties for violation and to repeal conflicting ordinances,
as follows.
D.
The City of Washington recognizes the need for a registration program for
rental units located within the City in order to ensure rental units
meet all applicable building existing structures, fire, health, safety,
and zoning codes, and to provide an efficient system for compelling
both absentee and local landlords to correct violations and maintain,
in proper condition, rental property within the City. The City recognizes
that the most efficient system is the creation of a program requiring
the registration of residential rental units within the City as defined
in this article, so that an inventory of rental properties and tenants
and a verification of compliance can be made by City officials.
As used in this article, the following terms and words shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended.
The City of Washington Office of Code Enforcement, Department
of Finance, City Planning, Fire Department or other entity that the
City has legally designated to perform a function on its behalf.
Any code or ordinance adopted, enacted, and/or in effect
in and for the City of Washington concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit.
The City of Washington appointed Code Enforcement Officer
or such other third party as designated by the City.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant at a rental unit that is so loud,
untimely (as to hour of the day), offensive, riotous, or that otherwise
disturbs other persons or reasonable sensibility in their peaceful
enjoyment of their premises such that a report is made to law enforcement
or the City complaining of such conduct, action, incident, or behavior.
It is not necessary that such conduct, action, incident, or behavior
constitute a criminal offense, or 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 of such occurrence.
A written report of disruptive conduct on a form to be prescribed
thereof, to be completed by the police who actually investigate an
alleged incident of disruptive conduct and which shall be maintained
by the Code Enforcement Officer or designated representative.
A college or university building containing living quarters
for students.
A building having one or more dwelling units.
A building, or portion thereof, designed for human occupancy
purposes, and which has cooking facilities and sanitary facilities
within or attached to said unit.
A person on the premises with the actual or implied consent
of an occupant.
The occupant shall not engage in nor tolerate nor permit
others on the premises to engage in any conduct declared illegal under
Pennsylvania Crimes Code (47 P.S. § 1-101 et seq.)[1] or the Controlled Substance, Drug, Device and Cosmetic
Act (35 P.S. § 780-101 et seq.).
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 possession of a regulated rental
unit. (Same as "owner.")
Shall have the meaning as set forth in the Pennsylvania Rules
of Criminal Procedure.
An adult individual designated by the owner of a regulated
rental unit. The manager shall be the agent of the owner for services
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, double houses, townhouses, condominiums,
apartment houses, and conversion apartments.
The license issued to the owner of regulated rental units
under this article, which is required for the lawful rental and occupancy
of regulated rental units.
An individual who resides in a regulated 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.
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 regulated
rental unit.
A rental unit that is occupied in whole or in part by an
individual whose name specifically appears on the deed for the property
where the rental unit is located on a regular, permanent basis.
Any natural individual, firm, partnership, association, joint
stock company, joint venture, public or private corporation or receiver,
executor, personal representative, trust, trustee, conservator or
other representative appointed by order of any court.
The Police Department of the City of Washington or any properly
authorized member or officer thereof any other law enforcement agency
having jurisdiction within the City of Washington.
A lot, plot, or parcel of land, including the buildings or
structures thereon, which also includes dwelling units and dwellings.
Any dwelling unit or structure containing sleeping units,
including, but not limited to, hotels, motels, bed-and-breakfast establishments,
boarding houses, dormitories or sleeping rooms, which is leased, paid
for or rented from the owner or other person in control of such units,
to any tenant, whether by day, week, month, year, or any other term.
Hotels, motels and bed-and-breakfast establishments shall be exempt
from this article.
A written agreement between an owner or landlord and person
occupying the rental unit supplemented by the addendum required under
this article, embodying the terms and conditions concerning the use
and occupancy of a rental unit or premises.
A natural person having his or her place of residence within
7 1/2 miles of the Washington County Courthouse, which is located
in the City of Washington, Washington County, a licensed real estate
management firm with an office located within 7 1/2 miles of
the Washington County Courthouse, which is located in the City of
Washington, Washington County, Pennsylvania, and has been granted
legal authority by the property owner in accordance with the laws
of the commonwealth as the agent responsible for operating such property
in compliance with the ordinances adopted by the City.
A detached building containing one dwelling unit, designed
and intended to be occupied by one family for living purposes.
Any individual who has the temporary use and occupation of
real property owned by another person in subordination to that other
person's title and with that other person's consent; for
example, a person who rents or leases a dwelling, dwelling unit, or
rental unit from a landlord.
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption, or
marriage.
The condition of being near or proximity to a regulated rental
unit in which an occupant resides., Pennsylvania and or a professional.[2]
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all regulated
rental units 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)
As provided for in this article, every owner shall be responsible
for regulating the proper and lawful use and maintenance 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 regulated rental unit that he,
she or it owns in the City, which conduct or activity takes place
at such regulated rental unit or its premises.
(3)
In order to achieve those ends, every owner of a regulated rental
unit shall regulate the conduct and activity of the occupants thereof,
both contractually and through enforcement, as more fully set forth
below.
(4)
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.
(5)
This article is not intended to, nor shall its effect be to limit
other enforcement remedies, which may be available to the City against
an owner, occupant, or guest thereof.
B.
Designation of manager. Every owner who is not a full-time resident
of the City of Washington, or elsewhere in an area that is not a local
call from the City of Washington, shall designate a manager who shall
reside in an area that is a local call from the City of Washington.
If the owner is a corporation, a manager shall be required if an officer
of the corporation does not reside in the aforesaid calling area.
The officer shall perform the same function as a manager. If the owner
is a partnership, a manager shall be required if a partner does not
reside in the aforesaid calling area. Said partner shall perform the
same function as manager. The manager shall be the agent of the owner
for service of process and receiving of notices and demands, as well
as for performing the obligations of the owner under this article
and under rental agreements with occupants. The identity, address
and telephone number(s) of a person who is designated as manager hereunder
shall be provided by owner or person who is designated as manager
hereunder shall be provided by owner or manager to the City, and such
information shall be kept current and updated as it changes.
C.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the codes
of the City and shall regularly perform all routine maintenance, including
lawn mowing and ice and snow removal and shall promptly make any and
all repairs necessary to fulfill this obligation.
(2)
The owner and occupant may agree that the occupant is to perform
specific repairs, maintenance tasks, alterations, or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an 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 an owner of any responsibility under this article
or other ordinances or codes for maintenance of premises.
A.
General. The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the City and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons permitted in any regulated rental unit
at any time shall not exceed the standards outlined in City ordinance
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 regulated rental unit
all rubbish, garbage, and other waste in a clean and safe manner and
separate and place for collection all recyclable materials in compliance
with the Recycling Plan of the City of Washington Solid Waste and
Recycling Ordinance.[1]
(3)
The occupant must also abide by the ordinance regulating the collection,
removal and disposal of solid waste.[2] All discarded trash, debris, rubbish, etc., must be maintained
in garbage bags in garbage containers with lids. Garbage is not to
be placed on curb for pick up earlier than 6:00 p.m. the night before
garbage pick up and emptied containers must be removed from curb immediately
after.
A.
The occupant shall not engage in, nor tolerate, nor permit others
on the premises or vicinity of premises to engage in disruptive conduct
or other violations of this article.
B.
When police investigate an alleged incident of disruptive conduct,
he or she shall complete a disruptive conduct report upon 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 the police make such
investigation, said police officer shall then submit the completed
disruptive conduct report to the Code Enforcement Officer or designated
representative. In all cases, the Code Enforcement Office shall mail
a notification of the disruptive conduct to the owner or manager,
or responsible local agent within 14 working days of the occurrence
of the alleged disruptive conduct.
C.
The third occurrence of disruptive conduct within a one-year period
from the most current alleged disruptive conduct will result in the
owner, landlord, and/or property manager to take action to repossess
the regulated rental unit.
(1)
Owner, landlord, and/or property manager must file a tenant/landlord
compliant against occupants at the District Judge's office within
30 days from the date of written notice.
(2)
Owner/landlord and/or property manager is responsible to notify the
Code Enforcement Office of the time and date of hearing or request
that the Magistrate's office send a notice to the City.
(3)
Occupants can voluntarily remove themselves from the premises within
30 days from date of written notice.
The occupant shall not intentionally cause, nor permit to tolerate
others to cause damages to the premises. Conduct which results in
damages in excess of $500 shall be considered a violation of this
article.
No person shall lease, rent, occupy, or otherwise allow a rental
unit within the City to be occupied without first registering the
rental unit with the City and designating a responsible local agent.
A.
Registration forms. Registration shall be made upon forms furnished
by the City and shall require all of the following information:
(1)
The street address and parcel identification number of the rental
units;
(2)
The number and types of rental units within the rental property;
(3)
Name, residence address, telephone number, and where applicable,
an e-mail address, mobile telephone number, and facsimile number of
all property owners of the rental units;
(4)
Name, residence address, telephone number, and where applicable,
an e-mail address, mobile telephone number, and facsimile number of
the responsible local agent designated by the owner;
(5)
The maximum number of tenants permitted for each rental unit;
(6)
The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to collect rent from the tenants;
(7)
The name, address, telephone number and, where applicable, an e-mail
address, mobile telephone number, and facsimile number of the person
authorized to make or order repairs or services for the property if
in violation of City or state codes, if the person is other than the
owner or the responsible local agent;
(8)
The name, address and telephone number of any lienholders on the
rental unit or the real property on which the rental unit is located
at time of annual registration;
(9)
The name, telephone number and of all leaseholders, number of occupants
and the termination date of the lease;
(10)
A copy of a current valid occupancy permit for the property
be provided at the initial application but shall not be necessary
unless there is a transfer of property.
B.
Accurate and complete information. All information provided on the
registration form shall be accurate and complete. No person shall
provide inaccurate information for the registration of a rental unit,
or fail to provide the information required for such registration.
The registration form shall be signed by the property owner(s) or
the designated responsible local agent, where applicable. When the
owner is not a natural person, the owner information shall be that
of the president, general manager or other chief executive of the
organization. When more than one person has an ownership interest,
the required information shall be provided for each owner.
C.
Change in registration information or transfer of property.
(1)
Except for a change in the registered local agent, the property owner
of a rental unit registered with the City shall reregister within
60 calendar days after any change occurs in the registration information.
(2)
If the property is transferred to a new owner, the new property owner
of a registered rental unit shall reregister the rental unit within
60 calendar days following the transfer of the property.
(3)
Property owners shall notify the City of any change in the designation
of the registered local agent, including a change in name, address,
e-mail address, telephone number, mobile telephone number or facsimile
number of the designated registered local agent within five business
days of the change.
(4)
A change in the lienholder or tenants shall be made upon annual registration.
D.
Registration term and renewals. Registration of a rental unit shall
be effective for one year. All registrations shall expire on December
31 of each year. The property owner shall reregister each rental unit
with the City 30 calendar days prior to the expiration of the registration
of the rental unit.
E.
Responsible local agent. Any owner not residing within 15 miles of
the Washington County Courthouse must designate a responsible local
agent. Any responsible local agent must reside within 7 1/2 miles
of the Washington County Courthouse. The responsible local agent shall
be responsible for all of the following:
(1)
Operating the registered rental unit in compliance with all applicable
City ordinances;
(2)
Providing access to the rental unit for the purpose of making any
and all inspections necessary to ensure compliance with the applicable
City ordinances;
(3)
Maintaining a list of the names and number of occupants of each rental
unit for which he or she is responsible; and
(4)
Accepting all legal notices or services of process with respect to
the rental unit (November 30 of each year).
A.
Basis for inspections. Inspections may be made to obtain and maintain
compliance with the standards of this article based upon one of the
following:
(1)
A complaint received by the City of Washington or any law enforcement
agency, indicating that there is a violation of the standards or the
provisions of any ordinance adopted by the City, county, or any state
law;
(2)
An observation by any law enforcement officer or of any member of
the City of Washington Fire Department of a violation of the standards
or the provisions of any ordinance adopted by the City or any state
law;
(3)
A report or observation of a dwelling unit that is unoccupied and
unsecured or a dwelling that is damaged by fire;
(4)
The failure to register or comply in any manner with the provisions
as required by this article;
(5)
The need to determine compliance with a notice or an order issued
by the City;
(6)
An emergency observed or reasonably believed to exist.
(7)
A request for an inspection by the property owner; or
(8)
Requirements of law where a dwelling is to be demolished by the City
or where ownership is to be transferred to the City.
B.
Inspection procedures.
(1)
When the City receives a complaint about a given unit, the City will
conduct an inspection to determine whether a rental unit is in compliance
with all of the ordinances adopted by the City and state law.
(2)
If, upon completion of an inspection, the premises are found to be
in violation of one or more provisions of applicable City and state
codes and ordinances, the City shall provide the registered local
agent and/or owner with written notice of such violations. The City
shall set a reinspection date before which such violation shall be
corrected. If such violation has been corrected within that period,
no further inspections and/or sanctions will be necessary. If such
violations have not been corrected within that period, the City may
revoke the rental permit and may take any action necessary to enforce
compliance with applicable City and state codes and ordinances.
(3)
If there is a complaint filed on a property with the City, the owner
and/or responsible local agent will be notified in writing. In the
event that the complaint is of an emergency nature, as determined
by the City, it will require immediate compliance with adopted building
code. If the complaint is not of an emergency nature, the owner will
have a period of time as legally prescribed by the City to correct
such violation, after which a reinspection or written verification
from owner and/or responsible local agent and complaining party that
the violation has been corrected will be required.
(4)
If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
(5)
Where a reinspection must be made to ensure conformity with this
article for those rental units that have been issued violation notices,
the City will charge a separate inspection fee for every inspection
when the violation has not been abated or corrected; this fee may
not be waived.
(6)
If an inspection is scheduled and the owner or responsible local
agent fails to appear, an inspection fee shall be assessed against
the owner and/or the responsible local agent, and no inspection shall
be completed until the inspection fee is paid in full.
(7)
Access to property for inspection shall be made in accordance with
state and federal laws.
C.
Voluntary inspections. For a fee, an owner of a registered rental
property may voluntarily request an inspection of their property by
the City and/or a private inspection firm approved by the City to
insure there are no violations.
D.
Inspection; periodic inspection.
(1)
The Code Enforcement Officer or designated representative shall inspect
each one-family and two-family dwelling at least once every second
year on or before the annual anniversary of the initial inspection
following the filing of the rental registration. These periodic inspections
shall occur notwithstanding more frequent inspections, which may be
required in the investigation of complaints regarding the dwelling.
(2)
The Code Enforcement Officer or designated representative shall inspect
each multiple-family dwelling, personal care homes, boarding and rooming
houses, including motels and hotels at least once every second year
on or before the annual anniversary of the initial inspection following
the filing of the rental registration. These periodic inspections
shall occur notwithstanding more frequent inspections, which may be
required in the investigation of complaints regarding the dwelling.
(3)
The frequency of the inspections will be at the Code Enforcement
Officer's or designated representative's discretion, every
two to three years. Minimum of one inspection during a two-year period.
A.
The City Council shall establish, by resolution, an appropriate fee
for rental permit registration and inspections and may review and
increase such fees on an annual basis, which shall be collected by
the Treasurer's Office for the City of Washington.
B.
If an inspection is initiated by a complaint and no violation is
found to exist, no inspection fee will be assessed against the owner
of the inspected rental unit in compliance.
C.
Where a reinspection must be made to ensure conformity with this
article for those rental units that have been issued violation notices,
the City will charge a separate inspection fee for every inspection
only when it is found that the violation has not been abated or corrected.
E.
A failure to return mandatory information before due date will result
in the penalty of $108 to be assessed and subject to collection under
the Commonwealth of Pennsylvania Municipal Claims Act[1] and any other means allowable by law. Furthermore, any
delinquencies that may accrue will be subject to collection either
by the City or through its third party collector.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
Violation of this article shall be a summary offense. The fine
for each separate violation shall be a fine not less than $300, but
not more than $1,000 per each unit per each month that a rental unit
is not registered or inspected as required by this article, plus any
fees that have been charged for inspection, if applicable. Inspection
fees shall not be waived or reduced. Each day an owner of residential
unit violates any provisions of this article shall constitute a separate
offense. Nothing contained within this article shall be construed
to limit or deny the right of the City, its agents and representatives
from seeking any other equitable or legal remedies that may otherwise
exist under applicable law. In addition to the fines set forth herein,
the City shall be entitled to reasonable attorney's fees and
costs of collection incurred in enforcing this article. Said fees
shall be added to any penalties set forth above.
If any section, subsection, sentence, clause, phrase or portion
of this article for any reason is held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
to be a separate, distinct, and independent provision of said article,
and such holding shall not affect the validity of the remaining portions
of this article.
A.
All records, titles and documents pertaining to the rental registration
and licensing and rental unit inspection program shall be maintained
by the City, and all or portions of such documents shall be made available
to other appropriate City departments and the public in accordance
with the applicable provisions of Pennsylvania law.
B.
Portions of the records that are not subject to FOIA (Freedom of
Information Act) and contain what is considered sensitive personal
information shall be kept confidential by the City and periodically
destroyed in accordance with any applicable laws.
