[Ord. 02-13-14A]
It is the purpose of this Part and the policy of the Board of
Supervisors of the Township of Logan (Township), 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 and dormitory units in the
Township and to encourage owners and occupants to maintain and improve
the quality of student rental housing within the community. It is
also the policy of the Township that owners, managers and occupants
share responsibilities to obey the various codes adopted to protect
and promote public health, safety and welfare. As a means to those
ends, this Part provides for a system of inspections, issuance and
renewal of occupancy licenses, and sets penalties for violations.
This Part shall be liberally construed and applied to promote its
purposes and policies. Although the Board of Supervisors of the Township
acknowledges the significant contribution that educational institutions,
their students, faculty and staff make to the culture and economy
of the Township and surrounding area, in recent years, adverse effects
of student housing on residential neighborhoods have increased, and
there has been an increase in destructive student behavior that threatens
the health, safety and welfare of the student citizens and nonstudent
citizens of the Township. Accordingly, in considering the adoption
of this Part, the Township makes the following findings:
A.
When compared to other unrelated cohabitating individuals and traditional
families, groups of students have different hours, work and social
habits and frequently cause noise, disturbances and problems in residential
neighborhoods.
B.
There is a greater incidence of violations of various codes of the
Township at residential properties where owners rent such property
to students.
C.
There is a greater incidence of disturbances which adversely affect
the peace and quiet of the neighborhood at residential properties
where owners rent to students than at owner-occupied residential properties,
family-occupied residential rental properties or residential properties
that are occupied by unrelated persons who are not students.
D.
A concentration of student homes changes the character of a neighborhood
from one with traditional family values to one that cannot maintain
those; and most of the Township's student homes are concentrated
in the Juniata Gap and Grandview areas of the Township, which displaces
middle- and lower-income housing by absorbing housing units and rendering
the remaining units less desirable for more-traditional residential
use.
E.
Since January 2003, 1,701 reports of disruptive conduct under the
Township's Disorderly Gathering Ordinance involving student behavior
have been filed.
F.
Since January 2003, the Township emergency service providers have
responded to 238 false fire alarms to student housing units.
G.
Since January 2003, 1,097 prosecutions for underage drinking have
been filed against students, and 70 prosecutions were filed against
nonstudent residents of the Township.
H.
Since January 2003, 290 student parties have been raided where arrests
were made for underage drinking and furnishing alcohol to minors.
I.
There are sufficient differences between student housing and nonstudent
housing and the behavior of students and nonstudent residents to justify
different regulations for each class of resident.
J.
There is a significant occurrence of disruptive behavior in dwelling
units occupied by students as compared to dwelling units that are
occupied by owners, traditional families or unrelated persons who
are not students.
K.
Students who remain in the occupancy of the premises for periods
of time after they are no longer students contribute to the above-described
problems.
L.
Because of the demand for student housing in the Township, developers
have expressed interest in developing properties for use as student
homes.
M.
Dormitory-type uses are not covered by the Regulated Rental Unit
Occupancy Ordinance, which applies only to dwelling units.
N.
The Board of Supervisors of the Township is desirous of providing
the same protection and standards for students who reside in dormitories
or dwelling units.
O.
The Board of Supervisors of the Township is desirous of imposing
the same responsibilities upon owners of dormitory units and dwelling
units where students reside.
P.
The Board of Supervisors of the Township finds that Penn State Altoona
has sufficient resources and interest to properly manage dormitories
owned by it, and there is no need to regulate such dormitories.
[Ord. 02-13-14A]
For the purpose of interpreting the provisions of this Part,
the following words shall have the meaning or meanings ascribed. All
other words not defined herein shall be used with a meaning of standard
usage. Words used in the present tense include the future tense; the
singular number includes the plural, and the plural number includes
the singular; words of masculine gender include feminine gender, and
words of feminine gender include masculine gender; the word "includes"
or "including" shall not limit the term to the specific example but
is intended to extend its meaning to all other instances of like kind
and character; the words "shall" and "must" are mandatory; the words
"may" and "should" are permissive; the words "used" or "occupied"
include the words "intended, designed, maintained or arranged to be
used or occupied."
Any code or ordinance adopted, enacted and/or in effect in
and for the Township concerning fitness for habitation or the construction,
maintenance, operation, occupancy, use or appearance of any premises
or dwelling unit or dormitory unit and any duly enacted amendment
or supplement to any of the above and any new enactment falling within
this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Township and any assistants
or deputies thereof.
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
A living arrangement whereby unrelated individuals with diagnosed mental health or mental retardation problems reside on a permanent basis with twenty-four-hour supervision and whose primary purpose is the development and maintenance of community living skills, and as defined in Chapter 27, entitled "Zoning."
Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a regulated dwelling unit or dormitory 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 complaining of such conduct, action, incident or behavior, including, but not limited to disorderly gatherings as set forth in Chapter 6, entitled "Conduct," Part 4, of the Township's Code of Ordinances. It is not necessary that such conduct, action, 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 keep written records, including a disruptive conduct report, of such occurrence.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police, as the case may be, who actually
investigates an alleged incident of disruptive conduct, and which
shall be maintained by the Code Enforcement Officer.
A room or group of rooms within a dwelling unit and forming
a single unit and used for living and sleeping purposes, having a
bathroom with a toilet and a bathtub or shower, but no fixed kitchen
facilities. The Term "dormitory unit" shall include, but shall not
be limited to, fraternity and sorority houses.
A building having one or more dwelling units.
One or more rooms, including "apartments," used for living
and sleeping purposes, having a kitchen or kitchenette with fixed
cooking facilities and a bathroom with a toilet and bathtub or shower.
A person on the premises with the actual or implied consent
of an occupant.
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 or dormitory unit (same as "owner").
An adult individual designated by the owner of a regulated rental unit or dormitory unit under this Chapter 11, Part 1, at § 103, Subsection 2. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligations of the owner under this Part and under rental agreements with occupants.
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.
The license issued to the owner of regulated rental units
or dormitory units under this Part, which is required for the lawful
rental and occupancy of regulated rental units or dormitory units.
An individual who resides in a regulated rental unit or dormitory
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.
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 or dormitory unit.
A dwelling unit in which the owner, who is not a student,
resides on a regular, permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
The Police Department of the Township or any properly authorized
member or officer thereof or any other law enforcement agency having
jurisdiction within the Township.
Any parcel of real property in the Township, including the
land and all buildings and appurtenant structures or appurtenant elements,
on which one or more regulated rental units or dormitory units are
located.
A dwelling unit occupied by two or more unrelated students
under a rental agreement.
A person who is registered to be enrolled or who is enrolled
and matriculating at any postsecondary education facility as an undergraduate
student or who is on a semester or summer break from studies at a
postsecondary education facility.
An individual who resides in a regulated rental unit or dormitory
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").
The Township of Logan, Blair County, Pennsylvania.
Of or pertaining to two or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
[Ord. 02-13-14A]
1.
General. It shall be the duty of every owner to keep and maintain
all regulated rental units or dormitory units in compliance with all
applicable codes and provisions of all other applicable state laws
and regulations and local ordinances and to keep such property in
good and safe condition. The landlord shall be responsible for regularly
performing all routine maintenance, including lawn mowing and ice
and snow removal, and for making any and all repairs in and around
the premises. As provided for in this Part, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this Part, every
owner shall also be responsible for regulating the conduct and activities
of the occupants of every regulated rental unit and dormitory unit
which he, she or it owns in the Township, which conduct or activity
takes place at such regulated rental unit or dormitory unit or its
premises. In order to achieve those ends, every owner of a regulated
rental unit or dormitory unit shall regulate the conduct and activity
of the occupants thereof, both contractually and through enforcement,
as more fully set forth below. This section shall not be construed
as diminishing or relieving, in any way, the responsibility of occupants
or their guests for their conduct or activity, nor shall it be construed
as an assignment, transfer or projection over or onto any owner of
any responsibility of occupants or their guests for their conduct
or activity, nor shall it be construed as an assignment, transfer
or projection over or onto any owner of any responsibility or liability
which occupants or their guests may have as a result of their conduct
or activity under any private cause of action, civil or criminal enforcement
proceeding, or criminal law; nor shall this section be construed so
as to require an owner to indemnify or defend occupants or their guests
when any such action or proceeding is brought against the occupant
based upon the occupant's conduct or activity. Nothing herein
is intended to impose any additional civil/criminal liability upon
owners other than that which is imposed by law. This Part is not intended
to, nor shall its effect be, to limit any other enforcement remedies
which may be available to the Township against an owner, occupant
or guest thereof.
2.
Designation of Manager. Every owner who is not a full-time resident
of the Township, or who is not elsewhere in an area that is no more
than 30 minutes from the regulated rental unit, shall designate a
manager who shall reside in an area that is no more than 30 minutes
from the said regulated rental unit. If the owner is a corporation
and/or a limited liability company or similar entity, a manager shall
be required if an officer of the corporation and/or member of the
liability company does not reside in the aforesaid area. The officer
and/or member shall perform the same function as a manager. If the
owner is a partnership, a manager shall be required if a partner does
not reside in the aforesaid calling area. Said partner shall perform
the same function as a manager. The manager shall be the agent of
the owner for service of process and receiving of notices and demands,
as well as for performing the obligations of the owner under this
Part and under rental agreements with occupants. The identity, address
and telephone numbers(s) of a person who is designated as manager
hereunder shall be provided by the owner or manager to the Township,
and such information shall be kept current and updated as it changes.
3.
4.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with the applicable
codes of the Township and shall regularly perform all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
B.
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this Part or
other ordinances or codes for maintenance of premises.
5.
Written Rental Agreement.
A.
Written Rental Agreement Required. All rental agreements for regulated dwelling units or dormitory units shall be in writing and shall be supplemented with the addendum attached hereto as Appendix A. No oral leases and no oral modifications thereof are permitted. All disclosures and information required to be given to occupants, and/or the individual(s) executing the rental agreement as lessee if not an occupant, by the owner shall be furnished before the signing of the rental agreement. The owner shall provide the occupant, and the individual(s) executing the rental agreement as lessee if not the occupant, with copies of the rental agreement and addendum upon execution.
B.
Terms and Conditions. The owner and occupant may include in a rental
agreement terms and conditions not prohibited by this Part or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the rights and obligations
of the parties.
C.
Prohibited Provisions. Except as otherwise provided by this Part,
no rental agreement may provide that the occupant, and/or the individual(s)
executing the rental agreement as lessee if not an occupant, and owner
agree to waive or to forego rights or remedies under this Part. A
provision prohibited by this subsection included in a rental agreement
is unenforceable.
D.
Attachment of this Part to Rental Agreement. Following the effective date of this Part, a copy of this Part and a copy of Chapter 6, Part 4, of the Township Code of Ordinances, known as "Disorderly Gatherings," provided to the owner by the Township at the time of licensing, shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a copy of this Part and a copy of the Disorderly Gathering Part were provided when the rental agreement was first executed, a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this Part, the owner shall provide the occupants with a copy of this Part and the Disorderly Gathering Part within 60 days after enactment of this Part.
E.
Receipt Acknowledgement. The owner shall secure a written acknowledgment
from occupants and lessees that the occupants have received the disclosures
and information required by this Part.
F.
Acknowledgement Request by Township. Upon oral or written request
by the Township, the owner, within 10 days of the request, shall furnish
to the Township copies of the acknowledgment that the occupants and
lessees received the disclosures and information required by this
Part.
G.
Lease Request by Township. The owner shall furnish to the Township,
for inspection purposes only, copies of the leases the owner has entered
into for regulated rental units as required by § 105, Subsection
1H, of this Part.
6.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants and the Township.
8.
Common Areas. Where an owner of a regulated dwelling unit or a dormitory
unit does not regulate the use of common areas and the behavior of
occupants and guests in the common areas, the owner shall be directly
responsible for the behavior of occupants and guests in the common
area as if the owner were an occupant. The failure of the owner to
regulate behavior of occupants and guests in the common areas that
results in the following shall be a violation of this Part:
9.
Enforcement.
A.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer, the Township Police
and the Township Manager a report, on a form provided by the Township,
setting forth what action the owner has taken to remedy the violation
and what steps he or she has taken to prevent a reoccurrence of the
violation. The report shall also set forth a plan as to steps the
owner will take in the future if the violation reoccurs.
B.
The Code Enforcement Officer and/or the Township Police shall review
the report and, if adequate steps have been taken and the plan is
adequate to address future violations, shall approve the plan. The
owner shall, on his or her initiative, enforce the plan, and failure
to do so shall be a violation of this Part.
C.
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to evict the occupants who violated this Part
and to not permit the occupant to occupy the premises during the subsequent
licensing period.
10.
Violations. Upon receiving notice of any violations from the Code
Enforcement Officer and/or the Township Police, the owner shall promptly
take action, or cause the necessary action to be taken, to abate the
offending condition and eliminate the violation.
11.
Township Authorized To Make Repairs. In case the owner of premises
shall neglect, fail or refuse to comply with any notice from the Township
or its Code Enforcement Officer to correct a violation relating to
maintenance and repair of the premises under any code within the period
of time stated in such notice, the Township may cause the violation
to be corrected. There shall be imposed upon the owner a charge of
the actual costs involved, plus 10% of said costs, for each time the
Township shall cause a violation to be corrected, and the owner of
the premises shall be billed after same has been completed. Any such
bill which remains unpaid and outstanding after the time specified
therein for payment shall be grounds for the imposition of a municipal
lien upon the premises as provided by law. Such a lien may be reduced
to judgment and enforced and collected as provided by law, together
with interest at the legal rate and court costs. The remedies provided
by this subsection are not exclusive, and the Township and its Code
Enforcement Officer may invoke such other remedies available under
this Part or the applicable codes, ordinances or statutes, including,
where appropriate, condemnation proceedings or declaration of premises
as unfit for habitation; or suspension, revocation or nonrenewal of
the license issued hereunder.
12.
Inspection by Township. The owner shall permit inspections of any
premises by the Code Enforcement Officer and/or the Township Police
at reasonable times upon reasonable notice and shall have the manager/owner
representative present to accompany the individual conducting the
inspection on behalf of the Township.
13.
Postings Required. The owner shall have on file and permit inspection
by the public and the Township the following:
A.
The current license and current inspection report issued by the Code
Enforcement Office of the Township of every licensed rental unit.
B.
The license application required by this Part shall show the names
of the authorized occupants of the regulated rental unit or dormitory
unit, if any.
C.
A notice posted of the maximum number of persons, including, but
not limited to, guests, permitted in any regulated rental unit or
dormitory unit at any time and any common areas located within the
regulated rental unit or dormitory unit.
D.
A notice of ordinances and statutes applicable to the occupants of
a regulated rental unit or dormitory unit and a placard provided by
the Township.
E.
The owner shall also post in all common areas the maximum number
of persons, including, but not limited to, guest, permitted in any
common area on a form provided by the Township as defined in this
Part.
F.
The notices required by this section shall be posted in such a way
so as to minimize tampering and removal.
[Ord. 02-13-14A]
1.
General. The occupant shall comply with all obligations imposed upon
occupants by this Part, all applicable codes and ordinances of the
Township and all applicable provisions of state law.
2.
Health and Safety Regulations.
A.
Occupant Limit.
(1)
The maximum number of occupants in any dwelling unit shall not
exceed three persons for every 850 square feet.
(2)
The maximum number of persons, including, but not limited to,
guests, permitted in any regulated rental unit or dormitory unit at
any time shall not exceed one person for each 40 square feet of habitable
floor space in said regulated rental unit or dormitory unit. The maximum
number of persons permitted in the common areas of any multiple-unit
dwelling or any dormitory at any time shall not exceed one person
for each 15 square feet of common area on the premises.
B.
The occupant shall deposit all rubbish, garbage and other waste from his or her regulated rental unit or dormitory unit into containers provided by the owner or landlord in a clean and safe manner and shall separate and place for collection all recyclable materials, in compliance with the Township's Solid Waste and Recycling Ordinance (Chapter 20 of the Township Code of Ordinances) and all other applicable ordinances, laws and regulations.
3.
Peaceful Enjoyment. The occupant shall conduct himself or herself
and require other persons, including, but not limited to, guests,
on the premises and within his or her regulated rental unit or dormitory
unit with his or her consent, to conduct themselves in a manner that
will not disturb the peaceful enjoyment of the premises by others
and that will not disturb the peaceful enjoyment of adjacent or nearby
dwellings by the persons occupying same.
4.
Residential Use. The occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her regulated rental
unit or dormitory unit for no other purpose than as a residence.
5.
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 (18 Pa. C.S.A. § 101 et seq.), or Liquor Code (47 P.S. § 1-101 et seq.), or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.), and/or any applicable section of the Township Code of Ordinances.
6.
Disruptive Conduct.
A.
The occupant shall not engage in, nor tolerate nor permit others
on the premises to engage in, disruptive conduct or other violations
of this Part, including, but not limited to, disorderly gatherings.
B.
When police investigate an alleged incident of disruptive conduct,
he or she shall complete a disruptive conduct report upon a finding
that the reported incident did, in his or her judgment, constitute
disruptive conduct as defined herein. The information filled in on
said report shall include, if possible, the identity or identities
of the alleged perpetrator(s) of the disruptive conduct and all other
obtainable information, including the factual basis for the disruptive
conduct requested on the prescribed from. Where the police make such
investigation, said police officer shall then submit the completed
disruptive conduct report to the Township Chief of Police and the
Township Manager and Code Enforcement Officer. In all cases, the police
shall mail a copy of the disruptive conduct report to the owner or
manager within five working days of the occurrence of the alleged
disruptive conduct.
7.
Compliance with Rental Agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of
the occupant by the owner.
8.
Damage to Premises. The occupant shall not intentionally cause, nor
permit nor tolerate others to cause, damage to the premises.
9.
Inspection of Premises. The occupant shall permit inspections by
the Code Enforcement Officer and/or police of the premises at reasonable
times, upon reasonable notice.
10.
Removal or Defacement of Notice. It shall be a violation of this
Part for any person to remove or deface any notice of a document required
to be posted within a regulated rental unit or dormitory unit, and
it shall be unlawful for any person to occupy the regulated rental
unit or dormitory unit unless all notices and documents are posted
as required.
11.
Violation. It shall be a violation of this Part for any occupant
or any other person to engage in disruptive conduct as defined by
this Part.
[Ord. 02-13-14A]
1.
License Requirement.
A.
As a prerequisite to entering into a rental agreement or permitting the occupancy of any regulated rental unit or dormitory unit (except as provided in Subsection 1C below), the owner of every such regulated rental unit or dormitory unit shall be required to apply for and obtain a license for each regulated rental unit or dormitory unit.
B.
A license shall be required for all regulated rental units and all
dormitory units.
C.
The following categories of rental properties shall not require licenses
and shall not, therefore, be subject to the permitting provision of
this Part:
(1)
Owner-occupied dwelling units, provided that not more than two
unrelated individuals, in addition to the immediate members of the
owner's family, occupy the dwelling unit at any given time.
(2)
Hotels and motels.
(3)
Hospitals and nursing homes.
(4)
Bed-and-breakfast units.
(5)
Dormitory units owned by a secondary education facility.
(6)
Dwelling units not rented and/or owned by two or more unrelated
students.
D.
A license shall not be required for multiple-unit dwellings, although
a license shall be required for each regulated rental unit or dormitory
unit within the multiple-unit dwelling. The foregoing notwithstanding,
all other provisions of this Part shall apply to the common areas
of the multiple-unit dwelling.
E.
The application for the license shall be in a form as determined
by the Township.
F.
The owner shall maintain a current and accurate list of the occupants
in each regulated rental unit or dormitory unit, which shall include
their name, permanent address and permanent telephone number, which
shall be available to the Township for inspection upon reasonable
notice.
G.
The owner shall furnish with his or her application for license a
copy of the written lease form the owner intends to have the occupants
of each licensed dwelling unit execute. If the owner uses more than
one form of lease, the owner shall furnish a copy of each form. The
license will not be issued if the lease form does not meet the requirements
of § 103, Subsection 5, of this Part.
H.
The owner shall furnish with his or her application, for inspection
purposes only, electronic copies of the leases that have been entered
into that will cover all or part of the license term. The license
will not be issued if such leases are not furnished for inspection.
Leases shall be furnished for all persons who have paid a downpayment
at the time that the owner applies for a license or who have committed
to residing in the premises. The owner shall notify the Township of
changes in the occupancy within 10 days of the change and shall provide
the name of the person who is no longer residing in the premises in
the event a person departs and the name, permanent address and permanent
telephone number of new occupants in the event a new person is added.
The Township shall keep copies of leases that it retains in confidence
and shall not disclose their contents except as part of official Township
business.
I.
The owner shall furnish with his or her application for a license
a floor plan, drawn to scale, with the measurements of each room within
the regulated rental unit or dormitory unit. The owner shall submit
the scale drawing certified by a state-licensed architect and/or engineer
only with the first application submitted after the enactment of this
Part. In the event that there are changes to the floor plan, the owner
shall submit a revised floor plan with the application first submitted
after the changes to the floor plan were made, within 10 days of the
change.
J.
In the event that a license is denied by the Code Office, the owner
shall have the right to appeal to the Township Board of Supervisors
within 30 days of mailing of the notice of denial of the application.
The hearing before the Board of Supervisors shall be governed by the
Local Agency Act.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
K.
No license shall be issued to an owner unless the rental unit is
in compliance with all applicable codes and ordinances of the Township.
2.
Annual License Term, Fee and Occupancy Limit.
A.
Each license shall have an annual term running from July 1 through
June 30 of the next year.
B.
Upon application for a license and prior to issuance or renewal thereof,
each applicant shall pay to the Township an annual license and inspection
fee, in an amount to be established, from time to time, by resolution
of the Board of Supervisors of the Township. Such resolution may provide
for more than one fee scale for different categories of premises,
to be more specifically set forth in the resolution.
C.
The license shall indicate thereon the maximum number of occupants
in each regulated rental unit or dormitory unit.
D.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this Part or any of the ordinances
of the Township relating to land use and/or code enforcement or if
any licensing fees under this Part are due and owing the Township.
3.
Inspection.
A.
All premises shall be subject to periodic inspection by the Code
Enforcement Officer and/or Township Police or another duly authorized
agent of the Township. Such inspection may take place when an application
is submitted for a license, or at any time during the year.
B.
The Code Enforcement Officer and/or Township Police is hereby designated
as the official authorized to enforce this Part and to take appropriate
measures to abate violation hereof, for and on behalf of the Township.
C.
This section shall not be construed so as to limit or restrict the
Code Enforcement Officer's and/or Township Police authority to
conduct inspections of premises, whether or not subject to the permitting
and inspection requirements of this Part, pursuant to any other ordinance
or code.
D.
If, upon the initial inspection, violations of the codes of the Township
are identified, the owner shall pay a reinspection fee for each and
every time it is necessary for the Code Officer of the Township to
reinspect the property until no such violations are found. The amount
of the reinspection fee shall be determined by the Township, by resolution,
from time to time.
4.
Search Warrant. Upon a showing of probable cause that a violation
of this Part or any other ordinance of the Township has occurred,
the Code Enforcement Officer and/or Township Police may apply to the
District Justice having jurisdiction in the Township for a search
warrant to enter and inspect the premises.
[Ord. 02-13-14A]
1.
General. The Code Enforcement Officer may initiate disciplinary action
against an owner that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's license, for violating
any provision of this Part that imposes a duty upon the owner and/or
for failing to regulate the breach of duties by occupants as provided
for herein.
2.
Definitions of Options.
A.
Formal warning: formal written notification of at least one violation
of this Part. Upon satisfactory compliance with this Part and any
conditions imposed by the Code Enforcement Officer and/or the Board
of Supervisors of the Township, the formal warning shall be removed
when the owner applies for license renewal at a time set by the Code
Enforcement Officer or by the Township Board of Supervisors.
B.
Nonrenewal: the denial of the privilege to apply for license renewal
after expiration of the license term. The Township will permit the
owner to maintain occupants in the premises until the end of the license
term but will not accept applications for renewal of the license until
a time set by the Code Enforcement Officer or Township Board of Supervisors.
C.
Suspension: the immediate loss of the privilege to rent regulated
rental units or dormitory units for a period of time set by the Code
Enforcement Officer or Township Board of Supervisors. The owner, after
the expiration of the suspension period, may apply for license renewal
without the need to show cause why the owner's privilege to apply
for a license should be reinstated. Upon suspension, the owner shall
take immediate steps to evict the occupants.
D.
Revocation: the immediate loss of the privilege to rent regulated
rental units or dormitory units for a period of time set by the Code
Enforcement Officer or the Township Board of Supervisors and the loss
of the privilege to apply for renewal of the license at the expiration
of the time period. Upon the loss of the privilege to rent, the owner
shall take immediate steps to evict the occupants.
3.
Criteria for Applying Discipline.
A.
The Code Enforcement Officer, when recommending discipline, and the
Township Board of Supervisors, when applying discipline, shall consider
the following:
(1)
The effect of the violation on the health, safety and welfare
of the occupants of the regulated rental unit or dormitory unit and
other residents of the premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of this Part and other
ordinances of the Township or has received notices of violations as
provided for in this Part.
(4)
Whether the owner has been subject to disciplinary proceedings
under this Part.
(5)
The effect of disciplinary action on the occupants.
(6)
The action taken by the owner to remedy the violation and to
prevent future violations, including any written plan submitted by
the owner.
(7)
The policies and lease language employed by the owner to manage
the regulated dwelling unit or dormitory unit to enable the owner
to comply with the provisions of this Part.
B.
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and Township Board of Supervisors may impose
upon the existing or subsequent licenses reasonable conditions related
to fulfilling the purposes of this Part.
4.
Grounds for Imposing Discipline. Any of the following may subject
an owner to discipline as provided for in this Part:
A.
Failure to abate a violation of Township codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
B.
Refusal to permit the inspection of the premises by the Code Enforcement Officer and/or police as required by § 105, Subsection 3.
C.
Failure to take steps to remedy and prevent violations of this Part
by occupants of regulated rental units or dormitory units as required
by § 103 of this Part.
D.
Failure to file and implement an approved plan to remedy and prevent
violations of this Part by occupants of a regulated rental unit or
dormitory unit as required by § 103 of this Part.
E.
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer of the Township as provided for in § 103
of this Part.
F.
Three violations of this Part or other ordinances of the Township
that apply to the premises within a license term. For purposes of
this Part, there need be no criminal conviction before a violation
can be found to exist. Before a prior violation can be considered
under this section, the owner must have received notice, in writing,
of this violation within 30 days after the Code Enforcement Officer
received notice of the violation.
5.
Procedure for Nonrenewal, Suspension or Revocation of License.
A.
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor.
(1)
Such notification shall be in writing, addressed to the owner
in question, and shall contain the following information:
(a)
The address of the premises in question and identification of
the particular regulated rental unit(s) or dormitory unit(s) affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the license for said regulated rental unit(s)
or dormitory unit(s) shall be either suspended or revoked, or will
not be renewed for the next license year beginning July 1, or that
the owner will receive a formal warning. In the case of a suspension
or revocation, the notice shall state the date upon which such suspension
or revocation will commence, and in the case of a suspension shall
also state the duration of said suspension.
(d)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner or any person acting on his, her or
its behalf is prohibited from renting, leasing or permitting occupancy
of the dwelling unit(s) by more than two unrelated individuals subject
to said enforcement action, from and during the period said action
is in effect.
(e)
A statement informing the owner that he, she or it has a right
to appeal the decision suspending, revoking or declining to renew
the license to the Township Board of Supervisors, by submitting, in
writing, to the Township Secretary, within 30 days from the date printed
on the notice, a detailed statement of the appeal, including the grounds
therefor and the reason(s) alleged as to why the determination of
the Code Enforcement Officer is incorrect or should be overturned,
and a statement of relief requested by the appellant. Such notice
of appeal may be required to be submitted on a form to be prescribed
therefor by the Township Board of Supervisors, to be signed by the
appellant. There is hereby imposed a fee for filing of such appeals,
the amount of which shall be determined and established, from time
to time, by resolution of the Township.
(2)
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the Township Secretary shall schedule a
hearing, not less than 10 days from the date on which the appeal is
filed, to be held at the time and date of the next regularly scheduled
Township Board of Supervisors meeting.
(3)
The appellant, the Code Enforcement Officer and the owners of
properties within a radius of 300 feet from the premises for which
the license is at issue shall receive written notice of the hearing
on the appeal.
(4)
The Township Board of Supervisors shall hold a hearing on the
appeal, which shall be conducted in accordance with the Local Agency
Law, 2 Pa.C.S.A. §§ 551-555, as amended, and any amendments
thereto. The appellant and all other parties having an interest may
be heard. Based on the facts and arguments of the appellant and of
the Code Enforcement Officer and any police or other public officials
involved, and any relevant factual presentations of other parties,
the Township Board of Supervisors shall make a decision either affirming,
reversing or modifying the action of the Code Enforcement Officer
from which the appeal was taken. Such decision shall be rendered at
a public meeting either immediately following the hearing or within
30 days thereafter. The decision shall be reduced to writing, stating
clearly the factual and legal basis for the decision, within 45 days
after the hearing. If the Township Board of Supervisors deems it necessary
or desirable, it may continue the hearing to a subsequent time and
date not later than 30 days from the initial hearing, which time and
date shall be openly announced at the initial hearing, and in such
case, the time limits for rendering the decision and reducing it to
writing set forth herein shall be calculated from the last hearing
date (at which the substance of the decision is orally announced).
B.
Delivery of Notification.
(1)
All notices shall be sent to the owner and manager, if applicable,
by certified mail and/or certificate of mailing. In the event that
the notice is returned by the postal authorities marked "unclaimed"
or "refused," then the Code Enforcement Officer shall attempt delivery
by personal service on the owner or manager, if applicable. The Code
Enforcement Officer shall also post the notice at a conspicuous place
on the premises.
(2)
If personal service cannot be accomplished after a reasonable
attempt to do so, then the notice may be sent to the owner or manager
at the address stated on the most-current license application for
the premises in question, by regular first-class mail, postage prepaid.
If such notice is not returned by the postal authorities within five
days of its deposit in the United States mail, then it shall be deemed
to have been delivered to and received by the addressee on the fifth
day following its deposit in the United States mail, and all applicable
time periods set forth herein shall thereupon be calculated from said
fifth day.
[Ord. 02-13-14A]
1.
Basis for Violation. It shall be unlawful for any person, as either
owner or manager of a regulated rental unit or dormitory unit for
which a license is required, to operate without a valid, current license
issued by the Township authorizing such operation. It shall also be
unlawful for any person, either owner or manager, to allow the number
of occupants of a regulated rental unit or dormitory unit to exceed
the maximum limit as set forth on the license, or to violate any other
provision of this Part. It shall be unlawful for any occupant to violate
this Part.
2.
Penalties. Any person who shall violate any provision of this Part
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 and not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment of not
more than 30 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
3.
Nonexclusive Remedies. The penalty provisions of this section and
the license nonrenewal, suspension and revocation procedures provided
in this Part shall be independent, non-mutually-exclusive separate
remedies, all of which shall be available to the Township as may be
deemed appropriate for carrying out the purposes of this Part. The
remedies and procedures provided in this Part for violation hereof
are not intended to supplant or replace to any degree the remedies
and procedures available to the Township in the case of a violation
of any other code or ordinance of the Township, whether or not such
other code or ordinance is referenced in this Part and whether or
not an ongoing violation of such other code or ordinance is cited
as the underlying ground for a finding of a violation of this Part.
[Ord. 02-13-14A]
1.
Notices.
A.
For purposes of this Part, any notice required hereunder to be given
to a manager shall be deemed as notice given to the owner.
B.
There shall be a rebuttable presumption that any notice required
to be given to the owner under this Part shall have been received
by such owner if the notice was given to the owner in the manner provided
by this Part.
C.
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this Part.
2.
Changes in Ownership Occupancy. It shall be the duty of each owner
of a regulated rental unit or dormitory unit to notify the Code Enforcement
Officer, in writing, of any change in ownership of the premises or
of the number of regulated rental units or dormitory units on the
premises. It shall also be the duty of the owner to notify the Code
Enforcement Officer in writing of any increase in the number of occupants
in any regulated rental unit or dormitory unit or of the changing
of a dwelling unit from owner-occupied to non-owner-occupied, which
thereby transforms the dwelling into a regulated rental unit or dormitory
unit for purposes of this Part.
3.
Owners Severally Responsible. If any regulated rental unit or dormitory
unit is owned by more than one person, in any form of joint tenancy,
as a partnership or otherwise, each person shall be jointly and severally
responsible for the duties imposed under the terms of this Part and
shall be severally subject to prosecution for the violation of this
Part.
4.
Confidentiality of Leases. The Township shall keep copies of leases
that it retains in confidence and shall not disclose their contents
except as part of official Township business.
