Landlord Registration and Occupancy Ordinance
Bill No. 1
September 21, 2009
By: David McIntire
Enacted: November 12,
Ordinance No: 1471
Landlord Registration and
Whereas, the City of
Connellsville enacted a Landlord Registration Ordinance, Ordinance No.
the Council of the City of Connellsville has resolved to repeal Ordinance
No. 1469 and replace it with the Ordinance set forth below,
be it ordained as follows:
This Part shall be known and
may be cited as the "City of Connellsville Landlord Registration and
General. It is the purpose of this Ordinance and the policy
of the Council of the City of Connellsville, in order to protect and
promote the public health, safety and welfare of its citizens, 1) to
establish licensing and registration requirements for landlords in the
City of Connellsville and 2) to establish and maintain a current record
of all rental properties and tenants occupying such properties. As a
general finding, the Connellsville postal workers deliver mail to approximately 8,500 units
per day in the city. The Connellsville Post Master receives 6,000
requests for change of mailing address each year. As a result of this
finding, the City of Connellsville, by enacting this
Ordinance, provides a mechanism for monitoring those inhabiting the
city. This Ordinance shall be liberally construed and applied to promote
its purposes and policies.
"City of Connellsville"
or "City" - The City of Connellsville, Fayette County, Pennsylvania.
- One or more persons, as defined by this section, jointly or severally,
in whom all or part of the legal title to the premises is vested or
all or part of the beneficial ownership and a right to the present use
and enjoyment of the premises, including a mortgage holder in possession
of a residential rental unit (same as "owner").
Occupancy License- The
license issued to the owner of residential rental units under this Ordinance,
which is required for the lawful rental and occupancy of residential
Occupant- An individual
who resides in a residential 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 lease or by the laws of the Commonwealth of Pennsylvania.
Person- A natural person,
partnership, corporation, unincorporated association, limited partnership,
trust or any other entity.
Residential Rental Unit
- Any structure within the City of Connellsville occupied by someone
other than the owner of the real estate as determined by the most current
deed and for which the owner of the 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 structure requiring a
Tenant- An individual
who resides in a 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 lease or by the laws of the Commonwealth of Pennsylvania (same
It shall be the duty of every owner to keep and maintain all rental
units in compliance with all applicable State laws and regulations and
local ordinances and to keep such property in good and safe condition.
The owner/landlord shall be responsible for regularly performing all
maintenance, including lawn mowing and ice and snow removal, and for
making any and all repairs in and around the premises.
Every owner of a residential rental unit must register the unit with
the Code Enforcement Officer in accordance with the following schedule:
- All owners of residential
units must register the units with the Code Enforcement Officer by April
1st of each year.
- Any individual,
entity or firm which coverts any structure to a residential rental unit
or units shall register the residential rental unit or units with the
Code Enforcement Officer of the City upon the earliest occurrence of
the following scenarios:
- within (30) days
of the completion of the conversion;
- within (30) days
of the time when any rent, including the exchange of other services
for the unit or units is obtained;
- within (30) days
of the date which a tenant or tenants occupies the unit or units.
- It shall be the
responsibility of the grantee and the grantee's agent, to notify the
Connellsville City Hall within seventy-two (72) hours of any purchase
or transfer of a rental unit.
- The owner of a residential
rental unit must update the registration information on record with
the Code Enforcement Officer within ten (10) days of any changes of
the information set forth below.
- Registration information
shall be provided by all owners and shall include the following:
- Owners name, address,
- Property address
and number of units.
- Maximum occupancy
- Emergency telephone
- Actual number of
- Names and addresses
of current tenants.
- Any owner of a residential
rental unit shall notify the City of Connellsville at City Hall within
ten (10) days of a new tenant occupying, renting or residing in the
landlord's or owner's residential rental unit.
- As a prerequisite
to entering into a rental agreement or permitting the occupancy of any
rental unit (except as provided in subsection (1)(C) below), the owner
of every such rental unit shall be required to apply for and obtain
a license for each rental unit. The cost of a license shall be
TEN DOLLARS ($10.00).
A license shall be required for all residential rental units.
The following categories of rental properties shall not require licenses,
and thus, shall not, therefore, be subjected to section (1)(A) of this
(1)Rental units that
are not owned by a "person" as defined by Section 141.4 (2) of this
units; provided, that not more than two (2) unrelated individuals, in
addition to the immediate members of the owner's family, occupy the
dwelling unit at any given time.
(4)Hospitals and nursing
(5)Bed and breakfast
units as defined in the City's Zoning Ordinance.
regulated by HUD or any other Federal agency.
- The application
for the license shall be in a form as determined by the City.
- The owner
shall maintain a current and accurate list of the occupants in each
§ 141.5 Enforcement;
Violations and Penalties.
- This section shall
be enforced by the Code Enforcement Officers of the City of Connellsville.
Basis for Violation.
An owner that rents a residential rental unit, requiring a license,
without a valid, current license, issued by the City of Connellsville
authorizing such use, is in violation of this Ordinance.
- Any landlord or
owner of a residential rental unit, which violates any provision of
Section 141.2 (2), together, with all of the subsections thereunder,
shall, upon conviction thereof, be sentenced to pay a fine up to $500.00
for each and every offense. Each day an owner operates a rental
unit in violation of Section 141.4(2) shall be treated as a separate
- Any landlord or
owner of a residential rental unit who violates Section 141.4 (3) of
this Ordinance shall, upon conviction, be sentenced to pay a fine up
to One Thousand Dollars ($1,000.00)
- Fines imposed through
this ordinance shall be collected by any means allowable by law.
- Each day an owner
of a residential rental unit Violates any provision of this Ordinance
shall constitute a separate offense.
- This chapter and
the foregoing penalties shall not be construed to limit or deny the
right of the City of Connellsville, its agents and representatives from
seeking any other equitable or legal remedies that may otherwise exist
under applicable law.
- In addition to the
fines set forth herein, the City of Connellsville shall be entitled
to 0reasonable attorney's fees and costs of collection incurred in
enforcing this ordinance. Said fees shall be added to any penalties
set forth above.
- If any section or
provision of this Ordinance is adjudicated, by a court of competent
jurisdiction, as unlawful, void, or unenforceable, all remaining sections
and provisions of this Ordinance shall remain in full force and effect.
Effective Date: This Ordinance
shall become effective in five (5) days after the adoption hereof.
AND ORDAINED into law by the City of Connellsville, Fayette County,
Pennsylvania, this 12th
day of November, 2009.
CITY OF CONNELLSVILLE