(a) BOROUGH - The Borough of White Oak, Allegheny County, Pennsylvania.
(b) CODE - Any Code or Ordinance adopted, enacted, and/or in effect in and for the Borough of White Oak concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any Premises or Dwelling Units, included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this article. Building Code; the International Property Maintenance Code; the International Fire Prevention and Maintenance Code; National Electrical Code; Floodplain Management Ordinance; Weed and Vegetation Control Ordinance; Sidewalk Maintenance and Snow and Ice Removal Ordinance; Solid Waste and Recycling Ordinance; Zoning Ordinance; and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
(c) CODE ENFORCEMENT OFFICER - The duly appointed Code Enforcement Officer(s) or designee having charge of the Office of the Code Enforcement of the Borough of White Oak, and any assistants or deputies thereof, including any duly appointed police officer of the Borough of White Oak.
(d) COMMON AREAS - Areas not leased to a specific tenant but upon which a tenant is typically authorized to be present upon.
(e) 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 (time of day), offensive, riotous, or that otherwise disturbs other persons of reasonable sensibility of their peaceful enjoyment of their premises such that a report is made to police complaining of such action, conduct, incident, or behavior. It is not necessary that such action, conduct, incident, or behavior constitutes a criminal offense, nor that criminal charges be filed against any person in order for a person to have perpetrated, 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 police shall investigate and make a determination that such did occur, and make a record of such occurrence.
(f) DISRUPTIVE CONDUCT REPORT - A written report of disruptive conduct on a form to be prescribed therefore, to be completed by the Code Enforcement Officer, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.
(g) DWELLING - A building have one or more dwelling units.
(h) DWELLING UNITS - 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.
(i) GUEST - A person on the premises with the actual or implied consent of an occupant.
(j) ILLEGAL ACTIVITIES - The occupant shall not engage in nor tolerate nor permit others on the premises to engage in any conduct declared illegal under the Pennsylvania Crimes Code (47 §P.S.1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 §P.S. 780-101 et seq.).
(k) 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).
(l) MANAGER - An adult individual designated by the owner of a regulated rental unit. 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 article and under Rental Agreement with occupants.
(m) MULTIPLE-UNIT DWELLING - A building containing two (2) or more independent dwelling units, including but not limited to, double houses, row houses, town houses, condominiums, apartment houses and conversion apartments.
(n) OCCUPANCY LICENSE - The License issued to the owner of regulated rental units under this article, which is required for the lawful rental and occupancy of regulated rental units. The fee for this license shall be set by resolution of the Borough.
(o) 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/landlord is established by a written lease or by the laws of the Commonwealth of Pennsylvania.
(p) 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 the regulated rental unit.
(q) OWNER-OCCUPIED DWELLING UNIT - A dwelling unit which the owner resides on a regular, permanent basis.
(r) PEACEFUL ENJOYMENT - The occupant shall conduct him or herself and require other persons, including, but not limited to, guests on the premises and within his or her regulated rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of adjacent or nearby dwelling by the persons occupying same.
(s) PERSON - A natural person, partnership, corporation, unincorporated association, limited partnership, trust, or any other entity.
(t) POLICE - The Police Department of the Borough of White Oak or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of White Oak.
(u) PREMISES - Any parcel of real property in the Borough including the land and all buildings and appurtenance structures or appurtenant elements on which one or more regulated rental units is located.
(v) REGULATED RENTAL UNIT - A dwelling unit occupied by any person under a Rental Agreement.
(w) RENTAL AGREEMENT - A written agreement between owner/landlord and occupant/tenant supplemented by the addendum embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
(x) RESIDENTIAL USE - The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose that as a residence.
(y) 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 Pennsylvania. (same as occupant). (Ord. 4063. Passed 8-17-15.)
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