[HISTORY: Adopted by the Council of the Borough of Churchill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-2022 by Ord. No. 763]
This article shall be known as the "Occupancy Permit and Residential
Rental Unit Registration Ordinance."
The purpose of this article is to protect the health, safety,
and welfare of residents of the Borough of Churchill by obtaining
accurate information of the location of its residents and to ensure
that residential and commercial premises in the Borough of Churchill
are in a safe, livable and habitable condition and that all such premises
meet fire, safety, health, and other applicable Borough ordinances.
The following words and phrases shall have the meaning ascribed
to them as follows:
The Borough of Churchill, Allegheny County, Pennsylvania.
Any building or portion of any building that is designed
or used for business, storage, or any purpose other than a place of
residence for a person or family.
The legal owner of real estate, including the person reflected
in the deed or document recorded in the Department of Real Estate
of Allegheny County or any other County office.
Any natural person, entity, firm, partnership, association,
or corporation.
Any house, building, premises, apartment, or portion of any
building, including any apartment building, boarding home, or condominium
development that is designed or used as a place of residence for one
person or family.
Any residential premises within the Borough of Churchill
which is occupied by someone other than the owner of the real estate
as determined by the most current deed and for which the owner of
said parcel of real estate received any value, including, but not
limited to, money, or the exchange of services. Each apartment within
a building is a separate residential rental unit.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, premises, or any part thereof dangerous or injurious
to the health, safety, or physical welfare of an occupant or the occupants
of neighboring buildings or premises.
A certificate issued by the Borough upon an inspection that
identifies at least one substantial violation, with the purpose to
authorize access to the property for the purpose of correcting substantial
violations.
A certificate issued by the Borough upon an inspection that
identifies a violation but no substantial violation, with the purpose
to authorize full use and occupancy of the property pending correction
of the violations.
A person who resides in or occupies for business or similar
purposes a residential premises or commercial premises, who is not
the owner of such premises and who has a legal relationship with the
owner, or authorized representative of the owner, by lease or other
agreement pursuant to which such person may reside in or use the premises.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
does not rise to the level of a substantial violation.
A.
It shall be unlawful for an owner to sell, transfer, assign, or lease
a residential premises or commercial premises within the Borough without
first delivering to the purchaser, transferee, assignee, or lessee
a valid occupancy permit for the residential premises or commercial
premises issued by the Borough.
B.
A separate occupancy permit must be issued for each residential premises or commercial premises and for each new occupant. Responsibility for compliance with this article shall be with the owner. This requirement shall not apply when there is a change in occupancy as a result of a short-term rental as regulated by Chapter 304 of the Code.
C.
Occupancy permits of premises used as residential rental units within
the Borough shall be valid for a period of no more than three years.
Upon expiration of such three-year period from the date of issuance
of the occupancy permit, the owner of the residential rental unit
shall apply with the Borough for a new occupancy permit, irrespective
of whether there has been any change of occupancy of the residential
rental unit.
A.
An owner or authorized agent shall submit an application for an occupancy
permit to the Borough on a Borough-supplied form, which said form
shall require at least the following information:
(1)
Name, mailing address, telephone number, and email address of the
owner;
(2)
Address of the residential premises or commercial premises;
(3)
Number of rooms and bathroom facilities in the premises;
(4)
Name, telephone number, and email address of the occupants;
(5)
Proposed date for inspection of the premises; and
(6)
Date of the proposed sale or first occupancy by the tenants, as applicable.
B.
It shall be the responsibility of the owner to submit an application
and request an inspection of the premises at least 20 days prior to
the proposed inspection date set forth in the application.
No occupancy permit shall be issued until:
A.
The residential or commercial premises is inspected by the Code Enforcement
Officer and/or Building Code Official or other representative of the
Borough;
B.
The representative of the Borough determines that the premises at
issue is in compliance with all applicable Borough Codes; and
C.
The owner or authorized agent of the premises pays all application
and inspection fees.
Each application for an occupancy permit shall be accompanied
by a fee in an amount established from time to time by resolution
of Borough Council in order to defray the cost of administering this
article.
The cost for each inspection shall be an amount as established
from time to time by resolution of the Borough Council. Where an inspection
is scheduled, and the Borough representative attempts to make an inspection
and is unable to make such inspection at the agreed upon time and
place due to the failure of the applicant to appear or cooperate,
the charge will be collectible against the applicant before any occupancy
permit shall be issued. Each such inspection shall be subject to an
individual charge per inspection.
A.
If an occupancy permit cannot be issued because of a failure to meet
inspection standards, the Borough, upon submission of a completed
application by the owner or authorized agent of the owner and payment
of appropriate fee, shall issue a temporary access certificate or
a temporary occupancy certificate for the purpose of completing a
real estate closing to transfer legal title to a residential premises
or commercial premises.
B.
A temporary access certificate shall be issued by the Borough upon
a physical inspection of the premises which identifies a substantial
violation no fewer than 14 days prior to the transfer of title; provided,
however, that the Borough shall have discretion to make exceptions
to the timing requirements in appropriate circumstances as determined
by the Borough. The temporary access certificate shall be valid for
12 months; provided, however, that the Borough may extend this time
period in appropriate circumstances where it is determined by the
Borough that correction of the substantial violations reasonably require
a longer period of time. The owner shall arrange for physical reinspection
of the premises within the 12 months from the date of issuance of
the temporary access certificate or any extension thereof granted
by the Borough. The temporary access certificate shall entitle the
owner and his agents to access the premises for purposes of correcting
the substantial violations, but no owner or other persons shall occupy
the premises during the term of the temporary access certificate.
The owner shall be permitted to store in the premises items related
to the proposed use or occupancy of the premises or is needed to repair
the substantial violations during the time of the temporary access
certificate.
C.
A temporary occupancy certificate shall be issued by the Borough
upon a physical inspection of the premises which identifies a violation
(but not a substantial violation) no fewer than 14 days prior to the
transfer of title; provided, however, that the Borough shall have
discretion to make exceptions to the timing requirements in appropriate
circumstances as determined by the Borough. The temporary occupancy
certificate shall be valid for 12 months; provided, however, that
the Borough may extend this time period in appropriate circumstances
where it is determined by the Borough that correction of the violations
reasonably require a longer period of time. The owner shall arrange
for physical reinspection of the premises within 12 months from the
date of issuance of the temporary occupancy certificate or any extension
thereof granted by the Borough. The temporary occupancy certificate
shall entitle the owner to fully use and occupy the premises pending
correction of the violations.
D.
In the event that the owner fails to remediate and/or correct any noted violations or substantial violations within 12 months of the date of initial issuance of the temporary occupancy certificate or temporary access certificate, and any extensions thereof granted by the Borough, the Borough shall revoke the temporary occupancy certificate and fine the owner for violation of this article as set forth in § 240-11 hereof. Such a failure by the owner shall also render the owner personally liable for the costs of maintenance, repairs or demolition sufficient to correct the noted violations or substantial violations.
Every owner of a residential rental unit must register the unit
with the Borough in accordance with the following schedule:
A.
All owners of residential rental units must register the units with
the Borough within 30 days after the effective date of this article.
B.
Any person who converts any structure to a residential rental unit
or units shall register the residential rental unit or units with
the Borough within 30 days of the completion of the conversion of
the unit or units; within 30 days of the time when any rent, including
the exchange of other services for the unit or units, is obtained;
or within 30 days of the date within which a tenant or tenants occupy
the unit or units, whichever time period is sooner.
C.
Registration information shall be provided by each owner of a residential
rental unit and shall include the following:
(1)
Owner name, mailing address, telephone number, and email address;
(2)
Name, address, telephone number, and email address of an adult individual
designated by the owner who shall be the agent of the owner for service
of process and receiving of notices and demands for the owner under
this article;
(3)
Property address and number of residential rental units;
(4)
Actual number of occupants; and
(5)
Name(s) of current tenant(s).
D.
The owner of a residential rental unit shall update the registration
information on record with the Borough within 10 days of any change
of the information set forth above.
E.
The owner of a residential rental unit shall notify the Borough within
10 days of a new tenant occupying, renting, or residing in the residential
rental unit.
F.
Notwithstanding any other provisions of this article, in the event
that a tenant is the subject of a court order requiring that their
personal information be kept confidential, the name and address of
such tenant shall not be disclosed by any Borough personnel.
Any person who fails neglects, or refuses to comply with the
requirements of this article as to either the occupancy permit or
residential rental registration shall be considered in violation of
this article. Upon violation, an appropriate citation will be issued
carrying fines of not more than $1,000 for each offense, together
with the costs of the proceedings against the person.
Fees assessable by the Borough for the administration and enforcement
undertaken pursuant to this article shall be established by the Borough
Council of the Borough of Churchill by resolution from time to time.
As of the effective date of this article, all ordinances currently
in existence are repealed to the extent that such ordinances are inconsistent
with the provisions of this article.
If any of the provisions of this article shall be held invalid
for any reason whatsoever, then unless such provision or term is material
to this article as to render this article impracticable to perform,
such provision or term shall be deemed severable from the remaining
provisions or terms of this article and shall in no way affect the
validity or enforceability of any other provisions hereof.
This article shall become effective upon adoption.
