[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown 10-12-2005
by Ord. No. 2005-6. Amendments noted where applicable.]
It shall be the duty and responsibility of the Bureau of Fire Prevention
to enforce the provisions of these regulations.
A.
The Bureau of Fire Prevention shall have those powers
which are necessary to carry out the intent and purposes of these regulations,
including, but not limited to, the following enumerated powers:
(1)
To investigate the dwelling conditions within the Borough
to determine which apartments, dwellings, or other structures have residential
rental units.
(2)
To investigate those residential rental units to ensure
compliance with these regulations.
(3)
To delegate any of the functions and powers of the Bureau
to employees of the Borough as the Fire Marshal or other such person in charge
of the Bureau shall designate.
B.
The inspector is authorized to enter any structure at
reasonable times for the purpose of making inspections and performing duties
under these regulations. If entry is refused, or not obtained, the inspector
may obtain an order from the Municipal Court or any other court of competent
jurisdiction authorizing entry.
A.
The purpose of these regulations is to establish the
standards and manner by which residential rental units within the Borough
shall be maintained and occupied to protect the public health, safety and
welfare.
B.
These regulations shall not apply to hotels, motels,
boardinghouses, rooming houses and other residential units which are generally
occupied by guests or tenants for less than 30 successive days.
As used in this chapter, the following terms shall have the meanings
indicated:
The individual designated by the owner who is authorized to perform
any duty imposed by these regulations.
The individual designated by the Bureau to perform inspections, reinspections
and any other duty delegated or authorized by these regulations.
Two-family dwelling units or more, and multiple single-family dwelling
units where each unit has an independent means of egress.
A natural person, association, corporation, firm, partnership, trust
or other legal entity.
Any person or persons in actual possession of and living in the residential
rental unit.
Any person who owns, purports to own or is properly authorized to
exercise powers of or for an owner of property used as a residential rental
unit.
Includes the leasing, rental or other granting of occupancy for any
period of time where title to the residential unit is not transferred to the
actual occupant at the time such occupancy commences.
An apartment, dwelling, or any portion of a structure used for human
habitation for which the owner receives money or any other form of consideration,
including services.
A.
Each residential rental unit shall be registered annually.
The registration term shall commence on September 1 of each year and end on
August 31 of the following year.
B.
The annual registration fee for each unit shall be $25
if applied for before November 1 and $35 if applied for thereafter. No fee
shall be required for units owned by the Borough or any other governmental
agency, as they are hereby exempt.
C.
No residential rental unit shall be occupied unless it
is registered with the Borough and is occupied in compliance with Borough
and state legislation.
D.
No registration permit shall be issued until the unit
has been inspected and found to be in compliance with these regulations and
with Borough and state legislation. An inspection which results in a satisfactory
rating shall be valid for one year from the inspection date. However, the
housing inspector may reinspect any residential rental unit during the year
when he has reasonable grounds to believe that the unit is no longer in compliance
with these regulations.
E.
The registration fee shall include the initial inspection
and one reinspection if required and the annual registration permit. Any other
reinspection required by the inspector, including cancellations during the
year, shall result in an additional charge of $15 per inspection. If the landlord
cancels the inspection more than once, it will result in an additional fee
not to exceed $50 per cancellation.
At the time that a residential rental unit is registered an application
shall be completed which contains the following information:
A.
The name, address, and telephone number of the record
owner or owners of the premises. In the case of a partnership, this information
shall be provided for all partners. In the case of a corporation, this information
shall be provided for the registered agent and all corporate officers.
B.
The address of the residential rental unit, the exact number of all separate units at that address, and the designation for each unit in accordance with the Wrightstown Borough Code, § 47-3.
C.
The exact number of sleeping rooms contained within each
residential rental unit, and the total square footage for each sleeping room.
D.
The exact number of people who occupy each residential
rental unit and the names and ages of all occupants. If the residential rental
unit is unoccupied at the time that the application is completed, this information
shall be provided as soon as the unit is occupied.
E.
The rental housing inspector has the authority to amend
the application to include additional required information.
F.
The rental housing owner shall provide two emergency
contact numbers for emergency personnel to contact in case of an emergency
24 hours a day.
G.
The Bureau has the authority to amend the application
to include additional required information.
Each person who owns a residential rental unit within the Borough shall
designate themselves or another natural person as their agent who resides
within the county to receive the notice of violation and to correct any violation(s).
This natural person shall be named in the application when it is filed.
A.
Each residential rental unit shall be inspected annually.
After completion of the application and payment of the registration fee, the
inspector shall inspect the residential rental unit to ensure compliance with
these regulations and Borough, county and state legislation. The inspector
shall make a report promptly after each inspection and provide a copy to the
owner and tenant.
B.
After the initial annual inspection, if the residential
rental unit does not comply with the aforesaid regulations, a notice of violation
shall be served on the owner or agent.
C.
The inspector shall reinspect the residential rental
unit after the notice of violation has been served and the abatement date
has been met. This date will be 30 days from the date of the inspection or
at the discretion of the inspector. An owner can request an earlier reinspection
date if he or she has made the necessary corrections.
D.
If violations still exist, any further reinspections
of the residential rental unit shall be at the discretion of the Inspector,
and a complaint may be filed with the Municipal Court for enforcement of these
regulations or other legislation over which the Court has jurisdiction.
E.
The registration permit shall not be issued until all
violations have been corrected.
F.
If the residential rental unit is damaged by fire or
other cause, the reinspection shall be required to ensure compliance with
these regulations and Borough, county, and state legislation.
G.
All multiple dwellings including those occupied by the
owner shall be inspected.
H.
If a change of occupancy occurs within a three-month
time frame after the last inspection date, a reinspection must be performed
by the Borough rental housing inspector at no charge if application fees are
paid for that calendar year.
A.
If the provided residential rental unit is occupied at
the time it is registered with the Borough, the owner or agent shall provide
the Rental Housing Office with a list containing the names of all occupants
of the premises and the term of the rental period. If the residential rental
unit is unoccupied, the list shall be provided as soon as the unit is occupied.
A copy of this list shall be maintained on the premises for inspection upon
request. If the occupants change during the year, a new list shall be submitted
to the Bureau within 20 days of the change.
B.
Residential rental units shall not be occupied by more
people than permitted by the minimum area requirements. Every room occupied
for sleeping purposes by one person shall contain at least 70 square feet
of floor area. Every room occupied for sleeping purposes by more than one
person shall contain at least 50 square feet of floor area for each occupant
thereof. The maximum number of occupants shall be posted in each residential
rental unit.
C.
It shall be unlawful for an owner to rent and a tenant
to occupy a residential rental unit with occupants that exceed the number
allowed on the premises based on the available sleeping rooms and square footage.
D.
The existing lease for each residential rental unit shall
contain language stating the maximum number of occupants and shall further
state that the lease is subject to these regulations. This requirement shall
apply to all leases executed after the adoption of these regulations by the
Borough.
Owners of residential rental units shall be held to standards of responsibility
in the selection of tenants and the supervision of rental properties. If during
any twelve-month period on three separate occasions, tenants of a residential
rental unit are convicted of criminal offenses, disorderly persons offenses,
or ordinance violations involving noisy or tumultuous behavior for activities
on the property or attributed to the occupancy of the property, the owner
is responsible for a violation of these regulations if he has not taken legal
action to evict the tenant(s).
No registration permit shall issue for a residential rental unit unless
the owner has paid all the property taxes, sewer charges, water charges and
other municipal charges due the Borough for the property in question. The
failure to pay these municipal fees when they become due at any time during
the calendar year shall constitute a violation of these regulations.
It shall be unlawful for any person to rent, lease or otherwise occupy
any premises in violation of these regulations.
A.
Any person who shall violate any of these regulations shall, upon conviction thereof, be subject to a fine of not less than $200 for each offense. The maximum penalties are set forth in § 1-3, Penalties, Article II, of the Wrightstown Code.
B.
Each day that a violation continues after a notice of
violation has been served and the time has expired for correction of the violation
shall constitute a separate offense.
