1. Purpose/Scope/Declaration of Policy and Findings.
A. It is the purpose of this Part and the policy of the Council of the Borough of East McKeesport, 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 dwelling units in the Borough of East McKeesport 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 responsibili ties to obey the various codes adopted to protect and promote public health, safety and welfare. As means to those ends, this Part provides for a system of inspections; issuance and renewal of occupancy license; and sets penalties for violations. This Part shall be liberally construed and applied to promote its purposes and policies.
B. In considering the adoption of this Part, the Borough of East McKeesport makes the following findings:
(1) There is a greater incidence of violations of various codes of the Borough at residential properties where owners of rental property do not reside in the Borough than at owner-occupied residential properties or family occupied residential rental properties.
(2) There is a greater incidence of problems with the maintenance and upkeep of residential properties where owners do not reside in the Borough than at owner-occupied residential properties or family occupied residential rental properties.
(3) There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners do not reside in the Borough than at owner-occupied residential properties or family-occupied residential rental properties.
2. Definitions.
BOROUGH - the Borough of East McKeesport, Allegheny County, Pennsylvania.
CODE - any code or ordinance adopted, enacted and/or in effect in and for the Borough of East McKeesport concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this Part: 1 BOCA Basic Building Code [Chapter 5]; BOCA Basic Property Maintenance Code [Chapter 5]; BOCA Basic Fire Prevention Code [Chapter 5]; National Electrical Code [Chapter 5]; Floodplain Management Ordinance [Chapter 8]; Weed and Vegetation Control Ordinance [Chapter 10]; Sidewalk Maintenance and Ice Removal Ordinance [Chapter 21]; Solid Waste and Recycling Ordinance [Chapter 20]; Zoning Ordinance [Chapter 27]; 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 Officers(s) having charge of the Office of Code Enforcement of the Borough of East McKeesport, and any assistants or deputies thereof.
COMMON AREA - in multiple unit dwellings, space which is not part of a regulated rental unit and which is shared with other occupants of the dwelling whether they reside in regulated dwelling units or not common areas shall be considered as part of the premises for purposes of this Part.
DISRUPTIVE CONDUCT - any form of conduct, action, incident or behavior perpetrated, caused or permitted, by any occupant or visitor of a regulated dwelling unit that is so loud, untimely (as to hour of the day), 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, or that criminal charges be filed against any person in order for a person to have perpe trated, 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 therefore, to be completed by the Code Enforcement Officer or police, as the case maybe, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.
DWELLING - a building having one or more dwelling units.
DWELLING UNIT - a room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes, having its own cooking facilities and a bathroom with a toilet and a bathtub or shower.
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 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 a regulated rental unit. (Same as “owner.”)
MANAGER - an adult individual designated by the owner of a regulated rental unit under §11-202(2). The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this Part and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING - a building containing two or more independent dwelling units including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses and conversion apartments.
OCCUPANCY LICENSE - the license issued to the owner of regulated rental units under this Part, which is required for the lawful rental and occupancy of regulated rental units.
OCCUPANT - 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/land lord is established by a written lease or by the laws of the Commonwealth of Pennsylvania.
OWNER - 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 a regulated rental unit.
OWNER-OCCUPIED DWELLING UNIT - a dwelling unit in which the owner resides on a regular, permanent basis.
PERSON - a natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
POLICE - the Police Department of the Borough of East McKeesport, or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of East McKeesport.
PREMISES - any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or appurtenant elements, upon which one or more regulated rental units is located.
REGULATED RENTAL UNIT - a dwelling unit occupied by any person under a rental agreement.
RENTAL AGREEMENT - a written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 11-202(5) of this Part, embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
TENANT - 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 Pennsylva nia. (Same as “occupant.”)
(Ord. 911, 8/8/2013, Part 2)
Notes
| 1 | 1Editor’s Note: The codes identified as in effect as of the date of enactment of this Part relate to the adoption of Ord. 800 on November 11, 1999, a predecessor to Ord. 911, the ordinance enacting the current version of this Part. |