For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a term is not defined in this section, but is defined in the Borough Existing Structures Code or Construction Code, then that definition shall apply to this subchapter.
BOROUGH. The Borough of North Braddock, Allegheny County, Pennsylvania.
BUSINESS DAYS. Days in which the offices of the borough are open for public business.
CODE. Any code or ordinance adopted, enacted and/or in effect in and for the borough concerning fitness for habitation or the construction, maintenance, operation, occupancy, use, vermin or rodent control, or public health matters of any premises or dwelling unit. This shall include, but not be limited to, the Borough Existing Structures Code, the Electrical Code, the Construction Codes, solid waste ordinances, public health ordinances and noise control ordinances.
CODE ENFORCEMENT OFFICER. The duly appointed Code Enforcement Officer(s) having the duty to enforce this subchapter, the Borough Existing Structures Code and similar codes of the borough, and any assistants or deputies thereof.
COMMON AREA. In multi-unit buildings, space which is not part of an individual regulated rental unit and which is shared among occupants of the dwellings. COMMON AREAS shall be considered as part of the premises for purposes of this subchapter.
DISRUPTIVE CONDUCT.
(1) A form of conduct, action, incident or behavior perpetrated, caused or permitted by an occupant or guest of a regulated rental unit that is:
(a) Is a violation of ordinances of the borough and that is so loud, untimely as to time of the day, offensive and/or nuisance-causing that it unreasonably interferes with the peaceful enjoyment by other persons of their premises or causes damage to property that is owned by others;
(b) Involves music or noise that is disruptive to persons occupying a different dwelling unit;
(c) Involves music that is audible from a street, sidewalk or dwelling from a minimum distance of 50 feet away from the premises where the sound is originating;
(d) Is the subject of a criminal citation for disorderly conduct; or
(e) Is the subject of a criminal citation under the Pennsylvania Crimes Code or the Pennsylvania Liquor Code.
(2) In order for such DISRUPTIVE CONDUCT to constitute an offense under this subchapter, a written report must be issued by a sworn police officer or a Borough Code Enforcement Officer and notice must be sent to an occupant and the owner or manager.
DISRUPTIVE CONDUCT REPORT. A written report of disruptive conduct that is completed by a police officer or Borough Code Enforcement Officer who investigated the matter.
DWELLING. A building including one or more dwelling units.
DWELLING UNIT. A residential living area for one household that is used for living and sleeping purposes, and that has its own cooking facilities, and a bathroom with a toilet and a bathtub and/or shower.
GUEST. A person on the premises of a regulated rental unit with the actual or implied consent of an occupant.
LANDLORD. This term shall have the same meaning as OWNER.
MANAGER. An adult individual designated by the owner of a regulated rental unit under this subchapter. 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 subchapter and under rental agreements with occupants.
MULTI-UNIT BUILDING. A building containing two or more dwelling units that are not completely separated from each other by vertical party walls.
OCCUPANT. An individual who resides in a regulated rental unit.
OWNER. One or more person, 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, but not limited to, a mortgage holder who is in possession of a regulated rental unit.
OWNER-OCCUPIED DWELLING UNIT. A dwelling unit in which at least one owner of record of the property resides as his or her primary dwelling.
PERSON. A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
POLICE. Sworn law enforcement officers of the Police Department of the borough, the state police, the County Sheriff, the county police or any other law enforcement officer acting within the scope of his or her authority.
PREMISES. Any parcel of real property in the borough, including the land and all buildings and structures, on which one or more regulated rental units is located.
REGULATED RENTAL UNIT. A dwelling unit or rooming house unit that is occupied for residential purposes and that is not:
(1) An owner-occupied dwelling unit; and
(2) Exempted by this subchapter from needing a residential rental license.
RENTAL AGREEMENT. A written agreement or other legally enforceable agreement between owner and tenant, which is required to be supplemented by the addendum provided in § 150.67, embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit.
RESIDENTIAL RENTAL LICENSE. The license issued to the owner of regulated rental units under this subchapter, which is required in order to lawfully rent and occupy regulated rental units.
ROOMING HOUSE UNIT. A living unit that does not meet the definition of a dwelling unit, and that is not within a borough-permitted hotel or bed and breakfast inn.
TENANT. An occupant of a regulated rental unit with whom a legal relationship with the owner is established by a lease or other enforceable agreement under the laws of the commonwealth.
UNRELATED PERSONS. Two or more persons who reside in a dwelling unit and who are not related to each other through blood, adoption, marriage or formal foster relationship. A person who is only related as a cousin shall be considered unrelated for the purposes of this subchapter. The term RELATED shall be restricted to the following relationships: spouse; parent; child; sister; brother; grandchild; great-grandchild; grandparent; great-grandparent; aunt; uncle; or any of these same relationships in a “step” or “in-law” situation.
(Ord. 1060, passed 4-15-2008)