[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-2000 by Ord. No. 845]
Editor's Note: This ordinance repealed former Ch. 183, Rental Property, adopted as follows: Art. I, Occupancy Reports and Permits, adopted 3-18-1974 by Ord. No. 624, as amended; and Art. II, Filing of Tenant List with Tax Collector, adopted 6-17-1996 by Ord. No. 810.
This article shall be known as the "Borough of Mount Oliver Tenant Registration Ordinance."
Chapter 183 of the Code of the Borough of Mount Oliver and ordinances or parts of ordinances conflicting herewith are hereby repealed.
Editor's Note: Former Ch. 183, Rental Property, was comprised of the following: Art. I, Occupancy Reports and Permits, adopted 3-18-1974 by Ord. No. 624, as amended; and Art. II, Filing of Tenant List with Tax Collector, adopted 6-17-1996 by Ord. No. 810.
This article is adopted to protect the health, safety and welfare of the borough's residents and to prevent the loss of life, limb and property from fire, explosions, noxious gases and other dangers.
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:
Words used in the singular shall include the plural, and the plural the singular.
Words used in the present tense shall include the future tense.
Words used in the masculine gender shall include the feminine and neuter.
The word "person" includes corporations, associations and partnerships and other similar entities.
The word "shall" is always mandatory and not discretionary.
The word "may" is permissive.
This article shall be liberally construed to accomplish its purpose to protect the public's health, safety and welfare.
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:
- AGENT FOR AN OWNER
- Any person who provides written proof that he is authorized to act on behalf of a property owner.
- The Borough of Mount Oliver.
- BOROUGH SECRETARY
- The Secretary of the Borough of Mount Oliver.
- BUILDING INSPECTOR
- The Building Inspector of the Borough of Mount Oliver. For purposes of this article, this term shall include the Borough Ordinance Officer, Fire Marshal and any assistant or designee thereof.
- DWELLING, MULTIFAMILY, INCLUDING GARDEN APARTMENTS
- A building or portion thereof containing or designed to contain two or more separate dwelling units with or without common access facilities.
- DWELLING UNIT
- A single unit providing complete, indndent living facilities for one or more persons, 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 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.
- A person who has charge of a dwelling unit or a rooming unit in a boarding, lodging or tourist home.
- Every person who has a property right in a multifamily dwelling, and every person who owns, has, keeps or maintains a multifamily dwelling or rooming house, including a boarding, lodging or tourist home.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- ROOMING HOUSE, INCLUDING A BOARDING, LODGING OR TOURIST HOME and a SINGLE-FAMILY HOUSE
- A building other than a multifamily dwelling, containing not more than one dwelling unit occupied by a family and providing, for compensation or other consideration, rooming units for the lodging in addition to the owner.
- ROOMING UNIT
- A room or rooms constituting a separate, independent housekeeping unit that is physically separated 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 or occupies or inhabits property located in the Borough of Mount Oliver.
- TOWNHOUSE or ROW HOUSE
- Dwelling units attached to each other by party or common walls, with each unit having individual access and rear common or private garden orientation.
Every owner, landlord, manager or agent for an owner who rents or leases or offers for occupancy any property or portion thereof in the Borough of Mount Oliver to any tenant or occupant for a period of time in excess of 30 days shall supply the following information to the Borough Secretary:
The dwelling unit or rooming unit number or street address.
The name or names, ages (and social security numbers of all occupants over the age of 15) of all tenants and occupants to occupy such property.
The mailing address of the dwelling, unit or rooming unit.
The period of time for which the rental is made, and the actual move-in date and/or move-out date.
The above information shall be provided to the Borough Secretary within 10 days of the renting, leasing, subleasing or occupancy of any property in the Borough of Mount Oliver for a period of time in excess of 30 days.
No person shall rent or lease a rental unit, a single-family house, a multiple dwelling, an apartment building, a townhouse or a conversion unit in the Borough of Mount Oliver to any tenant unless he holds a current unrevoked rental operating license issued by the Building Inspector in his name, for the specified dwelling unit or rooming unit.
Every owner, landlord, manager or agent for an owner who rents or leases any dwelling unit in any multifamily dwelling or any rooming unit in any rooming house, including a boarding, lodging or tourist home, or in any single-family home in the Borough of Mount Oliver to any tenant for a period of time in excess of 30 days shall apply for a rental operating license and shall agree to comply with all provisions of the BOCA National Building Code, Fourteenth Edition, 1999, the BOCA National Fire Prevention Code, Eleventh Edition, 1999, and the BOCA National Property Maintenance Code, Eleventh Edition, 1999, or such other more recent BOCA national codes duly adopted by the Borough of Mount Oliver. The application form shall be accompanied by a check or money order payable to the Borough of Mount Oliver in the amount of the rental operating license.
Upon application, all rental units shall be inspected by the Building Inspector for compliance with the provisions of the borough's Building Code, Fire Prevention Code and Property Maintenance Code. The Building Inspector shall note all violations and shall leave with the owner, landlord, manager or agent for an owner a copy of any notice of violation.
Prior to the issuance of a rental operating license, all violations noted on a notice of violation shall be corrected, as required. Every operating license shall be issued for a period of one year, unless sooner revoked.
The following regulations are hereby adopted for the issuance of rental operating licenses:
Pennsylvania statutes govern. All matters regulated by the Pennsylvania Construction Code Act or by any other laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, as the case may be, shall control all inspections where the requirements thereof are the same as, or in excess of, the provisions of the borough's Building Code, Fire Prevention Code and Property Maintenance Code, or such other more recent BOCA national codes duly adopted by the Borough of Mount Oliver.
Inspection mandatory. An applicant, owner, landlord, manager or agent for an owner applying for a rental operating license in the Borough of Mount Oliver shall permit the Building Inspector to inspect the dwelling unit or rooming unit for the purpose of ensuring compliance with the law.
Refusal to permit lawful inspection. An applicant, owner, landlord, manager or agent for an owner applying for a rental operating license in the Borough of Mount Oliver violates this article if, after application, he refuses to permit such lawful inspection of the dwelling unit or rooming unit.
Expiration of permits; renewals. Each rental operating license shall expire one year after the date of issuance. However, if, upon inspection, no violations are found, a rental operating license may be extended for an additional period of 12 months. A license may be renewed only by making application as provided in § 183-8 of 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 license.
Correction of violations required prior to renewal of license. If the Building Inspector denies renewal of a license, the applicant, owner, landlord, manager or agent for an owner shall not be issued a license until all violations noted on the notice of violation are corrected, as required.
Nonresident applicants. No rental operating license shall be issued or renewed for a nonresident applicant unless such applicant designates in writing to the Building Inspector the name of his agent for receipt of service of any notice of violation and for service of process.
The above fee includes first annual inspection and one reinspection for noncompliance, if necessary.
If the condition of any property requires more than an inspection and one reinspection, the applicant will be required to reapply for an occupancy permit, including payment of all appropriate fees.
The above schedule of fees for rental operating licenses shall remain in full force and effect until modified from time to time by resolution of Borough Council.
An occupancy permit must be obtained for any occupancy, change of ownership or change of use of any building or part thereof situate in the Borough of Mount Oliver. Prior to any change of occupancy or use, the applicant must apply to the Building Inspector for an occupancy permit and pay the appropriate fee, said fee to be set by the governing body, which, if not otherwise specified by resolution or ordinance, shall be the same as those set forth in § 183-12 herein. All data required by § 183-6 must be divulged to the Building Inspector, and the proper fee must be paid prior to the issuance of an occupancy permit. No entity or person shall be permitted to occupy any premises until the issuance of an occupancy permit following submission of all data reasonably requested by the Building Inspector. The duty to obtain said occupancy permit is hereby imposed upon the occupant, tenant, owner, landlord, agent of any owner or occupier of premises and any entity responsible for the ownership, rental or management of real estate.
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. Nothing contained herein shall be deemed to preclude the borough from seeking other relief or from availing itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this article.
Any person aggrieved by the action of the Borough Building Inspector pursuant to this article shall have the right to appeal said action within 10 days to the Borough Council, which shall hear and determine said appeal at its next regularly scheduled meeting. Further proceedings, if an appeal is taken within 30 days of the date of decision by Borough Council, shall be governed by the Pennsylvania Local Agency Law.
No appeal proceedings under this section shall operate as a stay or supersedeas of the enforcement of this article.
No provision of this article shall prevent the borough from instituting proceedings and seeking relief in any court of the Commonwealth if the borough shall deem such action necessary to abate any violation of this article which constitutes a nuisance or safety/health hazard.
The Borough Secretary shall file an exact copy of this article with the Department of Community and Economic Development, together with the name, position and phone number of the Building Inspector responsible for compliance with this article.