[HISTORY: Adopted by the Borough Council
of the Borough of Ingram as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-13-2010 by Ord. No. 5-2010]
Be it ordained and enacted by the Council of the Borough of
Ingram and it is hereby ordained and enacted by the authority of the
same, that from and after the effective date of this article, the
following article shall be in full force and effect in the Borough
of Ingram.
This article shall be known as the "Borough of Ingram Tenant
Occupancy Safety Inspection Ordinance."
This article is adopted pursuant to the Borough Code of the
Commonwealth of Pennsylvania, as amended, 53 P.S. § 46202,[1] and the provisions hereof and all sections contained herein
shall be construed as having been adopted in the interests of the
health, safety, and general welfare of the people of the Borough of
Ingram, Allegheny County, Pennsylvania.
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1202.
The purpose of this article is:
A.
To promote, protect and facilitate the public health, safety and
the general welfare of the community and to protect and to promote
the safety of residential tenants and other inhabitants in the Borough
from fire and the hazards of fire.
B.
To prevent one or more of the following: loss of health, life or
property from fire, explosions, noxious gases and other dangers or
hazards of fire.
C.
To provide protection against fire, explosion and other fire hazards
in the interest of the public health, safety, and general welfare.
D.
To define and limit the powers and duties of those officers and bodies
that are assigned responsibilities under this article.
E.
To require prompt occupancy safety inspections even without a warrant
if emergency conditions exist.
All prior ordinances of the Borough of Ingram or parts of ordinances
conflicting herewith are hereby repealed; however, such repeal shall
not affect any act done or any liability or violation accrued under
any such prior ordinance herein repealed or superseded and all such
liabilities or violations shall continue and may be enforced in the
same manner as if such repeal or supersession had not been made; and
any offense or violation committed and any penalty or forfeiture incurred
under such ordinance herein repealed or superseded may be prosecuted
in the same manner as if this article had not been approved.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the present tense shall include the future tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "person" includes corporations, associations and partnerships
and other similar entities.
E.
The word "shall" is always mandatory and not discretionary.
F.
The word "may" is permissive.
G.
This article shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
H.
That the Borough intends to favor the public interest as against
any private interest.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
A part of a house, apartment house or other dwelling occupied
by a tenant, while the rest is occupied by another or others.
A building arranged in several suites of connecting rooms,
each suite designed for independent housekeeping, but with certain
mechanical conveniences such as heat, light, or elevator services
in common to all tenants occupying the building.
The Borough of Ingram.
The Secretary of the Borough of Ingram.
The Uniform Construction Code and the International Property
Maintenance Code of 2009 and all referenced Codes that are included,
as subsequently amended and/or revised.
Engaging in a business, enterprise, activity or other undertaking
for profit.
A property, whether owned or rented, consisting of a space
or storeroom, which is occupied by a commercial business.
A single unit providing complete, independent living facilities
for one or more tenants, including permanent provisions for living,
sleeping, eating, cooking and sanitation. All rooms comprising a dwelling
unit shall have access through an interior door to other parts of
the dwelling unit.
A building or portion thereof containing or designed to contain
two or more separate dwelling units with or without common access
facilities.
A serious, unexpected and potentially dangerous event, circumstance
or condition to persons and/or property event or situation requiring
immediate action.
A person who receives rent and leases a dwelling unit or
a rooming unit in a boarding, lodging or tourist home to a tenant
for a period of time.
Any agreement which gives rise to the relationship of landlord
and tenant.
A person who has charge of a dwelling unit or a rooming unit
in a boarding, lodging or tourist home.
An inspection conducted by an occupancy safety inspector
to determine a residential rental unit's or commercial properties'
compliance with the Code.
The duly appointed individual or agent of the Borough of
Ingram having the duty to enforce the provisions of this article.
The occupancy safety inspector may be appointed by resolution of Borough
Council. Borough Council may change the duly appointed occupancy safety
inspector from time to time by resolution.
Every person who has a property right in a multifamily dwelling,
apartment house, rooming house and commercial property and every person
who owns, has, keeps, rents, leases or maintains a multifamily dwelling,
rooming house and commercial property, including a boarding, lodging
or tourist home charging rent to tenants.
A rental safety occupancy permit.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
Consideration paid for use or occupation of property. A stated
return or payment for the temporary possession or use of an apartment,
dwelling unit or commercial property. To obtain temporary possession
and use of an apartment, dwelling unit or commercial property in return
for a stated payment, usually at fixed intervals.
A certificate or document issued by the occupancy safety
inspector which is required for the lawful rental and occupancy of
any residential rental unit or occupancy and/or rental of a commercial
property.
A rooming or dwelling unit let for rent under a rental agreement
and/or lease with a tenant. Residential rental units include, but
are not limited to, a dwelling unit, a rental unit, a rooming unit,
a rooming house, boarding, lodging or tourist home, an apartment,
apartment house, garden apartments, a single-family dwelling, a duplex,
a bed-and-breakfast establishment, a multiple dwelling or a townhouse
or a row house.
A building other than a multifamily dwelling containing not
more than one dwelling unit occupied by a tenant and providing, for
compensation or other consideration, rooming units for lodging in
addition to the owner.
A room or rooms constituting a separate, independent housekeeping
unit that is physically separate 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 no more than one family.
A person who pays rent and leases a dwelling unit, commercial
property or a rooming unit in a boarding, lodging or tourist home
from a landlord for a period of time.
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
No person shall rent or lease a residential rental unit or commercial
property in the Borough of Ingram to any tenant unless he/she/it obtains
and holds a current, unrevoked rental safety occupancy permit issued
by the occupancy safety inspector in its, his or her name, for the
specified residential rental unit or property. It is the specific
intent of the Council in adopting this article that commercial property,
as defined herein, shall be subject to the requirements of this article
irrespective if a commercial property is leased, owner-occupied or
otherwise occupied.
A.
Every owner, landlord, manager or agent for an owner who rents or
leases any residential rental unit or commercial property in the Borough
of Ingram to any tenant for a period of time in excess of 30 days
shall apply for an annual rental safety occupancy permit and shall
agree to comply with all provisions of this article and the Code as
herein described.
B.
The application form shall be made available at the Borough Office.
The application form shall not be deemed complete until all required
information is supported and all fees, if any, are paid. Any fees
assessed related to the application and/or occupancy safety inspection
shall accompany the application form made payable to the Borough or
its designated representative.
C.
It shall be the duty of the owner, landlord, manager or agent of
the owner to renew the application and permit prior to the expiration
date of the rental safety occupancy permit.
A.
Upon application, all residential rental units and commercial properties
shall be inspected annually and upon change of occupancy by the occupancy
safety inspector for compliance with the provisions of this article
and the Code as applicable.
B.
Within 30 days of receipt of the complete application for a rental
safety occupancy permit or upon receipt of a written notice of the
change in occupancy of a residential rental unit or commercial property,
the occupancy safety inspector or his/her designee shall conduct an
occupancy safety inspection of the residential rental unit or commercial
property for compliance with this article and the Code as may be applicable.
C.
Upon completion of a satisfactory occupancy safety inspection, the
occupancy safety inspector or his/her designee shall issue a rental
safety occupancy permit to the owner, or at the written request of
the owner, to the owner's local agent or manager. Upon issuance
of the rental safety occupancy permit, the residential rental unit
or commercial property may thereafter be occupied as a residential
rental unit or commercial property.
D.
The occupancy safety inspector shall also perform an occupancy safety
inspection of residential rental units or commercial property for
compliance with this article and the Code upon change of occupancy
of the residential rental unit or commercial property, at the request
of the owner, agent or tenant, or upon receipt of a complaint, or
for any other reasonable cause. Except for inspection requests submitted
by the Borough's Fire Department or any other governmental or
regulatory agency, the party requesting the occupancy safety inspection
must pay the required fees, if any, for the application and occupancy
safety inspection of the residential rental unit or commercial property.
In the event that a violation is detected after receipt of a complaint,
the owner of the property inspected shall be responsible for the costs
of inspection.
E.
Upon completion of an unsatisfactory occupancy safety inspection,
the occupancy safety inspector shall issue a written notice, by regular
mail and another by certified mail, return receipt requested, to the
owner or his/her/its designated agent at such addresses of record
with the Borough or of public record as the designated address for
"Change Owner Mailing" in the Allegheny County Office of Department
of Real Estate and, if appropriate, commence enforcement actions for
violations of this article. In a nonemergency situation, a ten-day
notice shall be issued to the owner of the residential rental or commercial
property or the manager or local agent specifying each violation.
Notice provided to a manager or local agent shall be deemed to be
notice to the owner. All notices shall be sent by regular mail and
another by certified mail, return receipt requested, to the owner
or his/her/its designated local agent or manager at such addresses
of record with the Borough or of public record as the designated address
for "Change Owner Mailing" in the Allegheny County Office of Department
of Real Estate.
F.
If, after 10 days from the date of the ten-day notice of violation,
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the occupancy safety inspector have not been made,
the rental safety occupancy permit shall be revoked. If the residential
rental unit or commercial property is vacant, it shall remain vacant.
If the residential rental unit or commercial property is occupied,
the owner shall make arrangements to relocate the tenant within 10
days and the property shall remain vacant until a new rental safety
occupancy permit is issued.
G.
The occupancy safety inspector shall maintain a list of all residential
rental units and commercial properties and their ownership.
Prior to the issuance of a rental safety occupancy permit or
if the occupancy safety inspector denies renewal of a permit, the
applicant, owner, landlord, manager or agent for an owner shall not
be issued a rental safety occupancy permit until all violations noted
on the notice of violation are corrected, as required. Every rental
safety occupancy permit shall be issued for a period of 12 months
unless sooner revoked.
A rental safety occupancy permit shall not be transferred. In
the case of a permit for a residential rental unit or commercial property
that is sold or transferred, the new owner shall seek a rental safety
occupancy permit for each residential rental unit and commercial property
and have each residential unit and commercial property inspected.
Failure to secure a rental safety occupancy permit for a residential
rental unit or commercial property within 60 days of the date of sale
or transfer or ownership shall result in the revocation of the existing
rental safety occupancy permit applicable to each unit.
The following regulations are hereby adopted for the issuance
of the rental safety occupancy permit:
A.
Pennsylvania law governs. The International Fire Code of 2009, as
subsequently amended and/or revised, and the International Property
Maintenance Code of 2009, as subsequently amended and/or revised,
or any other law of the Commonwealth of Pennsylvania or by regulations
departments or agencies of the Commonwealth.
B.
Occupancy safety inspection mandatory. The Borough occupancy safety
inspector shall not issue a rental safety occupancy permit until he/she/it
has first performed an occupancy safety inspection of the residential
unit or commercial property for the purposes of ensuring compliance
with this article and the Code.
C.
Inspections to be conducted at reasonable times with prior notice
to residents; display of proper credentials required. All occupancy
safety inspections under this article shall be conducted at reasonable
times with prior notice to the applicant, owner, landlord, manager,
tenant, or agent for the owner and subject to constitutional restrictions
on unreasonable searches and seizures. Prior to seeking entry to conduct
an occupancy safety inspection, the Borough occupancy safety inspector
shall display proper credentials which shall have been approved by
Borough Council.
D.
Procedure if entry to permit lawful occupancy inspection is refused.
If entry is not obtained or upon the refusal of an applicant, owner,
landlord, manager, tenant, or agent for an owner applying for a rental
safety occupancy permit to permit entry to conduct the occupancy safety
inspection mandated under this article, the safety inspection shall
not be conducted and the occupancy safety inspector is hereby authorized
to pursue recourse as provided by law.
E.
Expiration of permits and renewals. Each permit shall expire 12 months
after the date of issuance. A permit may be renewed only by making
application as provided in this article. Applications for renewal
should be made at least 30 days prior to the expiration date and,
when made fewer than 30 days before the expiration date, the pendency
of the application will not prevent the expiration of the permit.
F.
Nonresident applicants. No permit shall be issued or renewed to a
nonresident applicant unless such applicant designates, in writing,
to the occupancy safety inspector, the name of his agent for receipt
of service of any notice or violation and for service of process.
A.
If entry to conduct an occupancy safety inspection under this article
is refused, the Borough occupancy safety inspector is hereby authorized
and directed to apply to an issuing authority having jurisdiction
over such residential rental unit or commercial property for an administrative
search warrant to enter and to conduct an occupancy safety inspection
unless an emergency situation exists which requires immediate entry.
B.
If an emergency situation exists demanding immediate access to the
residential rental unit or commercial property, the Borough occupancy
safety inspector may conduct a prompt occupancy safety inspection
even if entry is refused or even if an administrative search warrant
is not obtained.
A.
An administrative search warrant to enter and conduct an occupancy
safety inspection may be issued upon probable cause supported by affidavit
if the occupancy safety inspector has reason to believe, based upon
a complaint that a violation exists within the premises to be searched,
or, where an inspection is sought due to the lapse of time since the
last inspection, the nature of the building (e.g., a multifamily apartment
house) or because of conditions in the entire area within which the
premises are located.
B.
An administrative search warrant shall be served by the occupancy
safety inspector between the hours of 6:00 a.m. and 9:00 p.m., and
the entry and inspection shall be conducted within a specified period
of time not to exceed two days from the date of issuance.
C.
An occupancy safety inspector executing the administrative search
warrant shall make reasonable effort to give notice of his or her
identity, authority and purpose to any occupant of the premises specified
in the warrant and shall not make a forcible entry to inspect unless
an emergency situation exists.
The fee for the application for a rental safety occupancy permit
shall be set by Borough Council and may be modified, from time to
time, by resolution. The annual fees for both inspection and a permit
are set forth on Exhibit A attached hereto and incorporated herein.[1] The fees set forth on Exhibit A shall remain in full force
and effect and may be modified from time to time by resolution of
Borough Council.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
A.
The following shall be violations of this article:
(1)
Occupancy of any residential rental unit without first obtaining
a rental safety occupancy permit in accordance with this article.
(2)
Permitting the continued occupancy of a residential rental unit or
commercial property in the absence of a permit, whether due to the
expiration of a permit or for any other reason whatsoever.
(3)
Any violation of the Code shall be a violation of this article where
such code violation occurs in a residential rental unit or commercial
property, or in any building or on any premises on which a residential
rental unit or commercial property is located.
(4)
Failure to permit the occupancy safety inspector of his or her designee
to inspect a residential rental unit, commercial property or the building
or property on which it is located in accordance with this article.
A person, partnership or corporation commits a summary offense if
he refuses to permit a Borough occupancy safety inspector to have
access or to gain entry to any premises specified in an administrative
search warrant to conduct an occupancy safety inspection and, upon
conviction in a summary proceeding, shall be fined not less than $600
and in default of the payment of the fines and costs, shall be committed
to the Allegheny County Jail for a period not to exceed 30 days.
(5)
Failure to submit a complete application in a timely manner for an
initial permit, renewal permit or updated permit upon change of occupancy.
B.
Whoever violates or fails to comply with any of the provisions of
this article, or Code, or fails to correct, within the time set by
this article, the defects for which a dwelling has been cited, shall
be subject to the provisions of this article. Any person, partnership
or corporation who violates any of the provisions of this article
shall, upon conviction in a summary proceeding, be fined not less
than $600 and in default of the payment of the fine and costs, shall
be committed to the Allegheny County Jail for a period not to exceed
30 days. A separate offense shall be deemed committed each day during
or on which a violation or noncompliance occurs or continues.
C.
The occupancy safety inspector shall deny an application for a rental
safety occupancy permit and may revoke an existing permit for failure
to abate any violation of the Code or any other applicable regulation
within the time specified in the notice of violation.
D.
In addition to any other penalties provided at law or by ordinance,
statute, regulation or otherwise, the occupancy safety inspector or
his or her designee shall have the right to bring suit in the name
of the Borough for injunctive or other special or emergency relief
to enjoin any violation of this article, and to receive, as part of
such relief, attorney fees and costs associated with such action and
with the enforcement of this article. Nothing contained herein shall
be deemed to preclude the Borough to seek 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. Upon the finding of guilt
associated with a violation, all costs associated with the prosecution
of a violation shall be borne and paid by the owner of the property
subject to the violation.
No provision of this article shall prevent the Borough from
instituting proceedings and seeking relief in the courts of equity
of the Commonwealth if the Borough shall deem such action necessary
to avail any violations of this article which constitutes a public
nuisance.
The provisions of this article are severable and if any of its
provisions or any part of any provisions shall be held unconstitutional
or otherwise held to be invalid, the decision of the Court shall not
affect or impair any of the remaining provisions. It is hereby declared
to be the intent of the Borough Council that this article would have
been enacted had such unconstitutional provisions or parts thereof
not been included herein.
