[HISTORY: Adopted by the Township Council of the Township
of Middletown 11-27-2023 by Ord. No. 855. Amendments noted where
applicable.]
The purpose of this chapter is to provide for a standard of
use and maintenance of motel, hotels and inns maintained within Middletown
Township and to encourage the operational reliability of such facilities
by requiring regulations, standards and annual inspections and licensing
of the same as necessary to protect and promote the public health,
safety and welfare of the residents of Middletown Township.
As used in this chapter, the following terms shall have the
meanings indicated:
The room, unit, or space provided to transient guests for
lodging or sleeping, including furnishings and other accessories therein.
The total number of calls to the Delaware County 911 Center,
law enforcement, emergency medical services and/or the Fire Department
resulting in a request for a Police, Fire or Emergency Services Department
representative to be dispatched or directed to the property when those
responses:
"Calls for service" shall not include calls to law enforcement
made by employees or agents of the hotel property itself, nor for
traffic citations in which the hotel, motel, or tourist home is used
as the address for the citation. It shall also not include calls for
service to law enforcement specific to domestic violence.
Include a building or group of buildings containing 10 or
more guest rooms/accommodations, or a group of such buildings especially
designed for the temporary lodging of transient guests, provided that
no room shall have cooking facilities of any kind. Such establishment
shall furnish to the occupants customary services, such as maid services
and the furnishing and laundering of linen. Eating and drinking facilities
may be accessory to the hotel, motel or inn.
The annual license required herein for the operation of a
hotel, motel or inn within the Township. A holder of a license under
this chapter shall be referred to herein as a "licensee."
Any written notice by, from or on behalf of the Township
notifying the owner, operator or agent of the owner or operator that
they are in violation of this chapter and directing them to cure or
fix the violation.
Includes but not be limited to the following:
Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes, including, but not limited to, Chapter 89 of the Township Code;
Existing factors constituting a public nuisance under the provisions
of the Township Code;
A pattern or practice of guest conduct which is in violation
of the law or interferes with the health, safety and welfare of the
guests and/or persons on or near the premises; or
Failure to maintain the grounds and exterior of the premises,
including allowing litter, debris, or refuse to exist on the premises
outside of proper repositories or to blow onto or be deposited upon
adjoining properties.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
The Township of Middletown, Delaware County, Pennsylvania.
No person shall operate a hotel, motel or inn within the Township
without first obtaining an annual license issued by the Township.
A.
Applications for licenses and/or renewals thereof shall be made to
the Township Manager or his/her designee, on forms provided by the
Township Manager or his/her designee (the "application"). The completed
license renewal application form, along with payment of required fees,
must be filed by the licensee with the Township Manager or his/her
designee no less than 60 days before the expiration of the current
license to obtain a decision on the license renewal application prior
to the expiration of the current license and to avoid license renewal
late fees.
B.
The annual fee for the license required by this chapter shall be
calculated using the fee schedule adopted by resolution of the Township
Council of the Township of Middletown. The Township may enforce payment
by any lawful means, including, but not limited to, a civil suit,
an order to show cause, a lien assessed against the dwelling, the
structure, or real property to which the fee(s) pertain, and by denying
or suspending a license as provided in this chapter.
C.
The Township may impose reasonable conditions upon the issuance of
any license as necessary to promote and protect the health, safety
and welfare of Township residents.
In addition to all other remedies provided for in this chapter
or by any other local ordinance, state statute, or federal law, the
following shall apply when a hotel, motel or inn is operating in the
Township without first obtaining a valid license as required herein:
A.
Order to vacate. Failure to have a current, valid license subjects the hotel, motel or inn to be ordered vacated as provided in § 133-12 hereof until a valid license is issued.
B.
Failure to vacate. In addition to any other remedy available to the Township under law, including Township ordinances, a licensee, owner or lessor of the hotel, motel or inn who fails to comply with an order to vacate after having been given notice of an order to vacate under this chapter is subject to the penalties set forth in § 133-14. Further, each day that the licensee, owner or lessor fails to comply with the order to vacate after the date indicated on the notice constitutes a new violation.
C.
In addition to any other remedy available to the Township at law or in equity, a hotel, motel or inn owner or operator who rents an accommodation to any guest, customer, lessee or renter without first obtaining a license as required under this chapter shall be subject to penalties as set forth in § 133-14A and B herein.
D.
Abatement of rent. Where there is no current, valid license, no financial
compensation shall be charged, accepted, retained or recoverable by
the owner, operator or lessor of the hotel, motel or inn for the period
where no current, valid license existed. This abatement shall not
be retroactively eliminated regardless of whether there was subsequent
compliance.
A.
License application inspection. Upon the filing of a completed license
application form with the Township Manager, whether initial or renewal,
the proposed accommodations and structure shall be inspected by the
Township Building Code Official, Health Official and Fire Chief or
other qualified person(s) or designee (each, for purposes of this
chapter, a "Township Code Official") for compliance with the requirements
of the Township Code and all applicable state and federal laws by
consent or upon the issuance of an administrative search warrant.
B.
Property maintenance inspection. If, during the course of an inspection
provided for under this chapter, a Township Code Official reasonably
concludes that there are violations which, considering the nature
and/or severity of the alleged violation, either pose a hazard to
the health, safety or welfare of the occupants or that an additional
professional inspection is needed either to properly determine the
extent of the violations or the corrective action required to comply
with the Building Code of the Township of Middletown, an additional
inspection may be conducted by the Township Building Code Official
as necessary to ensure compliance with all applicable Township, state
and federal codes, regulations and laws. The failure to permit such
additional inspections shall be a basis for denial, nonrenewal, suspension
or revocation of a license.
C.
Additional inspections. Additional inspections may be scheduled and
conducted on one or more of the following bases:
(1)
Due to recurrent violations, a combined three or more substantiated
recurrent or uncorrected violations for a particular structure and/or
accommodations and/or unit(s) within a structure, within a twelve-month
period from the date of the most recent violation.
(2)
Whenever reasonable cause exists to believe that there is a violation
of the Building Code of the Township of Middletown at any hotel, motel
or inn, or other condition(s) which make the structure or premises
unsafe, dangerous, hazardous or a nuisance.
(3)
For the purpose of auditing compliance with conditions on a license.
(4)
For the purpose of reinspection to ensure the correction of any violations.
D.
Inspection of multiple accommodation units. For hotels, motels or inns
having more than 50 accommodation units, a minimum of 25% of the accommodation
units contained in the hotel, motel or inn shall be inspected. The
accommodation units to be inspected shall be randomly selected by
the Township Code Official. The number of accommodation units inspected
may be increased at the discretion of the Township Code Official should
significant code violations be found or should the Township Code Official
have reasonable cause to believe other violations exist in the uninspected
units.
E.
Notification and presence of owner at inspection. Subject to § 133-5E, the licensee, applicant, owner(s), or the owner's legal agent, if any, shall be notified of any initial or renewal inspections for the purposes of licensing. The failure of the licensee, proposed licensee owner(s) or owner's legal agent to appear for the inspection after notification does not preclude the inspection if access to the structure or unit can otherwise be lawfully obtained.
F.
Entry for inspection. Except as otherwise provided by law, authorized
inspections inside an accommodation unit will be made during reasonable
hours with the consent of an owner, operator, legal agent, or occupant.
Entry without the consent of an owner, operator, legal agent, or occupant
will be made only after obtaining an administrative or criminal search
warrant for the hotel, motel or inn, a court order allowing entry
of the premises for inspection, or otherwise as provided by law.
G.
Inspection reports. If there are any violations noted on an inspection,
within 10 business days after an inspection has been conducted, the
owner(s), operator and/or the owner's legal agent shall be given
written notice of the results. The notice of the inspection results
shall be given personally or by first-class mail at the address of
the licensee provided to the Township. It shall be the responsibility
of the licensee to notify the Township, in writing, of any change
in address of the licensee or preferred address for notices issued
under this chapter.
A.
Provided the application is complete, the Township Manager or his/her designee shall issue a new license, or grant the renewal of a license, except as provided in § 133-6B and C hereof, which require the Township Manager or his/her designee to deny any application for a new license, or renewal of a license, and except as provided in § 133-6D and E hereof, under which the Township Manager or his/her designee may deny any application for a new license or renewal of a license.
B.
The Township Manager or his/her designee shall deny any application
for a new license or renewal of a license if the applicant makes a
material misrepresentation of fact on the application.
C.
The Township Manager of his/her designee shall deny any application
for a new license, or renewal of a license, if the applicant is delinquent
to the Township for any taxes, or indebted to the Township for any
other reason unless the delinquency or indebtedness is the subject
of pending litigation.
D.
The Township Manager or his/her designee may deny any application
for a new license, or renewal of a license after consultation with
a Township Code Official, if any of the following are shown to have
occurred at the property:
(1)
The hotel, motel or inn, or the property maintaining such facility,
has outstanding notices, citations or orders from the Township that
have not been corrected or abated for six months or more, including,
but not limited to, notices, citations or orders regarding:
(a)
Bed bugs, cockroaches, rats, mice, flies, and any other insects
or vermin;
(b)
Mold;
(c)
Heating, cooling, and ventilation;
(d)
Water supplies, including drinking water and hot and cold availability;
(e)
Lavatories, baths, and sewage;
(f)
Electricity;
(g)
Adequate lighting;
(h)
Pools and spas;
(i)
Housekeeping practices and policies;
(j)
Refuse storage and/or removal;
(k)
Defective locks;
(l)
Nonfunctional smoke or fire suppression systems or related alarms;
and
(m)
Structural defects rendering the property upon which the hotel,
motel or inn operates unsafe, uninhabitable or otherwise dangerous
to the health, safety and general welfare of the public;
(2)
The hotel, motel or inn fails to meet accessibility requirements
required by the Americans with Disabilities Act, 42 U.S.C. § 12101
et seq., as amended, or other applicable law;
(3)
The owner, licensee, operator, manager or authorized agent has obstructed
or interfered with the correction or abatement of the alleged violations,
or is party to a pending enforcement action(s) related to the facility
or property;
(4)
The owner, licensee, operator, manager or authorized agent has hindered
or prevented any inspection of the facility or property authorized
by this chapter;
(5)
The owner, licensee, operator, manager or authorized agent of the
facility or property has previously violated this chapter by operating
without a license required hereunder; or
(6)
More than 10 calls for service over any three-consecutive-month period
within the last 12 months from the application and/or license renewal.
E.
Upon the written recommendation of a Township Code Official, the
Township Manager or his/her designee may prohibit the renting of accommodations
until all violations, notices, citations and orders related to the
subject accommodations have been remedied or the conditions subject
thereof have been abated.
F.
Any attempt to rent accommodation(s) in violation of § 133-6F, or any failure to remedy all violations, notices, citations or orders for such accommodation(s) within three months, shall be deemed a violation of this chapter and subject the licensee, owner or operator of the hotel, motel and inn to the penalty provisions set forth in § 133-14 hereof.
G.
The Township Manager or his/her designee may deny any application
for a new license, or renewal of a license, upon a conclusion by a
Township Code Official that the issuance or renewal of such license
would be detrimental to the health, safety or welfare of the general
public and the Township Code Official submits a written objection
detailing the reason(s) therefor to the Township Manager.
A.
A license requested under this chapter may be denied by the Township
Manager or his/her designee, and any license issued under the provisions
of this chapter may be suspended, revoked or not renewed by the Township
Manager or his/her designee for cause. Cause shall include, but not
be limited to:
(1)
Fraud or material misrepresentation in the application for license;
(2)
Fraud or material misrepresentation in the operation of the licensed
hotel, motel or inn;
(3)
Any material violation of this section or of the regulations authorized
herein;
(4)
Any violation of the Township Code, or state or federal law, which
creates a risk to the health, safety or welfare of the transients
or to the community or where such violation brings into question whether
the applicant/licensee is of suitable character to operate the hotel,
motel or inn;
(5)
Operating the hotel, motel or inn in an unlawful manner or in such
a manner as to constitute a maintenance of a nuisance as defined in
this chapter. For purposes of this chapter, a nuisance shall include,
but not be limited to:
(a)
Existing violations of the Building Code of the Township of
Middletown;
(b)
A pattern or practice of guest conduct which is in violation
of the law and/or interferes with the health, safety and welfare of
properties within the immediate neighborhood or area of the subject
hotel, motel or inn;
(c)
More than 10 calls for service over any three-consecutive-month
period within the last 12 months from the application and/or license
renewal application date;
(d)
Failure to maintain the grounds and exterior of the licensed
premises, including permitting litter, debris or refuse to exist on
the proposed and/or licensed premises outside of proper repositories
or to blow onto or be deposited upon adjoining properties;
(e)
Existing factors constituting a public nuisance under the Township
Code;
(6)
Failure by the applicant/licensee to permit the inspection of the
licensed premises by the Township's agents or employees in connection
with the enforcement of this chapter, provided the intended inspection
was in conformance with this chapter;
(7)
Failure of the applicant/licensee to pay any applicable Township
taxes, fines or other fees, including, but not limited to, real property
taxes, by the established due date of each year arising from the licensee's
use and occupancy of the property. A licensee who does not own the
real property is not responsible for the payment of the real property
taxes unless a lease or contract requires such payment.
B.
Revocation or suspension of license. License suspension/revocation
shall be in accordance with the following:
(1)
A license may be temporarily suspended without hearing by the Township
Manager or his/her designee upon the determination by a Township Code
Official that the hotel, motel or inn, or any portion thereof, is
unsafe, uninhabitable or otherwise poses an imminent danger to the
health, safety and general welfare of the public. The license shall
be reinstated following abatement of the subject condition.
(2)
If a license is suspended, the hotel, motel or inn is prohibited
from furnishing accommodations or other space to new guests, including,
but not limited to, conference rooms, ballrooms, pools and spas, and
parking lots. The licensee, owner, operator and/or authorized agent
may only continue to operate and furnish accommodations to current
guests, unless an emergency order requires immediate evacuation of
the property.
(3)
If a license is revoked, the owner of the hotel, motel or inn is
prohibited from furnishing accommodations or rented space to new guests
and must cease operations within 30 days of a final decision, during
which time they must:
(a)
Notify all guests of the cessation of the operation of the hotel,
motel or inn;
(b)
Provide a reasonable amount of time for guests to vacate their
accommodations, which shall be no less than one week;
(c)
Comply with all applicable Township, state and federal laws
and health codes until all guests have vacated the hotel, motel or
inn;
(d)
Allow the Township or any collaborating organizations or charities
to contact current guests directly, in order to provide information
regarding potential alternative accommodation options; and
(e)
Any licensee whose license is revoked hereunder must apply for
a new license as provided in this chapter in order to operate the
hotel, motel or inn.
A.
Except pursuant to § 133-6B(1) of this chapter, before
any action is taken concerning nonrenewal, revocation or suspension
of a license, the Township shall hold a hearing before Township Council,
with written notice thereof to be provided at least 10 days prior
to said hearing ("notice").
B.
The notice issued under this subsection shall be served by certified
mail, return receipt requested, addressed to the licensee at the address
provided to the Township in the application, as may be revised in
accordance with the provisions of this chapter, or by posting a copy
of the notice on the hotel, motel or inn in question, at the option
of the Township. The notice shall contain the following:
(1)
Date, time and place of the hearing;
(2)
Notice of the proposed action;
(3)
Reasons for the proposed action;
(4)
A statement that the licensee may be represented by legal counsel
and present evidence and testimony;
(5)
A statement requiring the licensee to notify the office of the Township
Manager or his/her designee at least three days prior to the hearing
date if the licensee intends to contest the proposed action.
C.
Within 30 days of the completion of the hearing, Middletown Township
Council shall submit to the licensee a written determination of the
decision or proposed action. Where the licensee's appeal is denied,
the determination shall be accompanied by findings of fact and conclusions
based thereon together with the reasons therefor.
A.
In the event an applicant whose initial request for a license is
denied by the Township, the Township Manager or his/her designee shall
issue a written notice of the denial to the applicant summarizing
the reasons therefor. The applicant shall have a right to appeal the
Township's denial by requesting a hearing before the Middletown
Township Council, provided that a written request for a hearing is
filed with the Township Manager or his/her designee within 10 days
following the issuance of such denial. Failure to request a hearing
within this time frame shall result in a final decision of the Township.
B.
Within 30 days of the completion of the hearing, Middletown Township
Council shall submit to the applicant a written determination of the
decision or proposed action. Where the applicant's appeal is
denied, the determination shall be accompanied by findings of fact
and conclusions based thereon together with the reasons therefor.
Any applicant or licensee who is aggrieved by the decision or
determination of the Middletown Township Council may, upon payment
by the appellant of any reasonable costs incurred by the Township
in certification of records related to the proceedings, appeal to
the Delaware County Court of Common Pleas within 30 days of the date
of the issuance of the determination or decision thereof.
A.
Expiration date. A license shall expire 12 months from the effective
date of the license, with the following exceptions:
(1)
Inspection violations. A license will expire no more than six months
from the effective date of the license if, at the last inspection,
the hotel, motel or inn was cited for violations of the Building Code
of the Township of Middletown; and
(2)
Applicable conditions. The license shall expire in accordance with
any conditions placed on the license under this chapter.
B.
Effect of license expiration. Upon expiration of a license:
(1)
Vacate. The structure is subject to being ordered vacated in accordance
with this chapter until a valid license is issued; and
(2)
Meet conditions before new application. If the license expired for
failure to comply with conditions placed on it, application for a
new or renewal license may be made only after the conditions have
been met.
Where a current, valid license is not in effect for a hotel,
motel or inn for any reason under this chapter, the Township Manager
or his/her designee may issue an order to vacate to the owner and/or
owner's legal agent. The order to vacate may be held in abeyance
for up to 45 days if there are no conditions on the property posing
a hazard to life, limb, property or safety of the occupants or the
general public and the owner makes application in compliance with
this chapter.
The following rules, regulations and conditions shall be observed
by each licensee:
A.
Exits. All interior hallways shall have at least two exits, provided
that one such exit may be an emergency-type exit or fire escape. All
exits shall be clearly marked.
B.
Condition of premises; inspections. All premises shall be kept in
a clean condition and in good repair. All bed sheets, pillow slips,
towels and washcloths shall be replaced by clean items before any
new guest occupies an accommodation unit previously occupied by another.
Township Code Officials, the designee(s) or other qualified individual
may inspect any hotel, motel or inn at any time, provided that no
inspector may enter any accommodation unit rented to a guest or guests
without the expressed consent or invitation of at least one of the
guests occupying the accommodation unit.
C.
Register. The management of each hotel, motel or inn shall keep a
register of guests.
D.
Hotel, motel or inn registration; security register. Every licensee,
owner or operator of any hotel, motel or inn shall keep a register
wherein all guests or lodgers shall inscribe their names upon procuring
lodging, a room or accommodations.
(1)
Said licensee, owner or operator (or agent thereof) shall verify
the credit card signature of each guest or lodger making payment by
way of credit card with the signature inscribed upon the register.
If the signature as inscribed on the register does not appear to reasonably
match the signature on the credit card, further identification shall
be requested of the type requested of persons paying in cash.
(2)
Said licensee, owner or operator (or agent thereof) shall require
identification of any guest or lodger paying in cash at the time of
registration. Identification shall be in a valid and current format
showing the person's name and date of birth, and may be, but
is not limited to, a driver's license, state-issued picture identification
card or such other form as will reasonably assure that the registrant
is, in fact, the person under whose name such lodging, room or accommodation
is being procured. The licensee, owner or operator (or agent thereof)
shall maintain a photocopy of such identification and transpose the
identifying information in the registration ledger.
(3)
For any guest or lodger taking occupancy through a prearranged reservation
in the name of a corporation, business, association or any other entity,
the licensee, owner, or operator (or agent thereof) shall request
such identification of the specific guest or lodger at the time of
registration as will reasonably assure such person to be the person
for whom the lodging, room or accommodations have been procured.
(4)
Before furnishing any lodging or accommodations to any person in
any hotel, motel or inn, the licensee, owner or operator (or agent
thereof) shall require the person to whom such lodgings are furnished,
or room is rented or accommodations furnished, to inscribe his or
her name in such register, kept for that purpose, and shall set opposite
said name the time that said name was so inscribed and the room occupied
by such lodger or guest.
E.
Management person to be on duty. Every licensee, owner or operator
(or agent thereof) of any hotel, motel or inn shall, at all times
during which the premises accommodate guests or lodgers, maintain
on duty a responsible management person. Such management representative
shall be an individual capable of assisting and cooperating with the
police or other law enforcement officials in maintaining the public
health, safety and welfare.
F.
Access for law enforcement persons. All information required to be
procured and kept pursuant to this section shall be provided to any
federal, state or local sworn law enforcement officer having the lawful
power to arrest upon demand of the officer and a representation by
said officer that a reasonable suspicion exists that such information
is relevant to a then-pending inquiry or investigation. Nothing in
this requirement shall be construed as giving any such officer any
greater right or license to enter a room or invade privacy than the
officer shall otherwise possess as a matter of common law, probable
cause, constitutional law, statutory right or warrant.
G.
Telephone required. Every licensee, owner or operator of any hotel,
motel or inn shall keep and maintain in each and every accommodation
unit a telephone equipped for outgoing calls, and which telephone
will allow any person therein to place a direct call to 911 or appropriate
emergency service personnel. The existence of a minor dialing requirement,
such as dialing "9" to obtain an outside line, shall not be deemed
a violation of this section. However, under no circumstances shall
prepayment, prior authorization or any other procedure of any nature
which in any way impedes effective, immediate and direct placement
of such emergency phone call be permitted.
H.
Misrepresentation. No person shall procure or provide lodging in
any hotel, motel or inn, or any services therefrom, through misrepresentation
or production of false identification or identification which misrepresents
the identity of the person procuring or sharing in such lodging or
service.
I.
Number of guests or lodgers. No licensee, owner or operator (or agent
thereof) of any hotel, motel or inn shall rent or provide a room for
any number of persons greater than the sleeping accommodations provided
within the particular rental unit.
J.
Number of persons congregating in a room. No licensee, owner operator
(or agent thereof) or guest (or invitee of a guest) of any hotel,
motel or inn shall allow to congregate within any room or single accommodation
unit a number of persons which is greater than three times the number
of persons for whom sleeping accommodations are provided within the
single room or rental unit.
K.
Length of stay. As the intent of a hotel, motel or inn is to provide
temporary lodging for transient guests, under no circumstances shall
lodging be provided for more than 30 consecutive days without demonstration
to the Township Code Official of a reasonable reason therefor, nor
can the guest or lodger utilize the hotel, motel or inn as their primary
residence.
In the event that any person, partnership, corporation or other
legal entity violates the provisions of this chapter, the Township
may take any or all of the following actions as it may deem necessary
to enforce the provisions of this chapter:
A.
Commence a summary enforcement proceeding before the Magisterial
District Justice against the licensee, property owner(s) and/or operator
of the hotel, motel or inn, and, upon conviction thereof, be punishable
by a fine of up to $1,000 for each violation thereof. Violators shall
also be responsible for court costs and reasonable attorneys'
fees of the Township, as permitted by law. Each and every day in which
a person shall be in violation of this chapter shall constitute a
separate offense.
B.
In addition to all other remedies and penalties provided by this
chapter and other provisions of the Township Code, the Township Solicitor
may bring suit in a court of competent jurisdiction to seek an injunction
or other appropriate relief to halt any violation of this chapter.
Such action may include seeking a temporary restraining order or temporary
injunction and other appropriate temporary relief. Nothing in this
chapter shall be deemed to restrict a suit for damages on behalf of
the Township or on behalf of any other person or entity.
