[HISTORY: Adopted by the Board of Supervisors of the Township of Concord 3-3-2009 by Ord. No. 328. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 82.
Numbering of buildings — See Ch. 87.
Certificates of use and occupancy — See Ch. 90.
Uniform construction codes — See Ch. 91.
Fire prevention — See Ch. 112.
Property maintenance — See Ch. 127.
Zoning — See Ch. 210.
Zoning use approval — See Ch. 214.
[Amended 5-10-2011 by Ord. No. 336]
The purpose of this chapter is to protect the public health, safety and welfare of residents of rental units, as well as employees and visitors of commercial properties in the Township, by providing for annual licenses to be issued after annual inspections by the Office of Property Safety, insuring compliance with the requirements and standards set forth in the 2009 Edition of the International Property Maintenance Code, as well as with the Code of Concord Township.
A. 
Where terms are not defined in this chapter but are defined in the International Building Code, International Plumbing Code, International Fire Code, International Mechanical Code or the ICC Electrical Code, such terms shall have the meanings assigned to them as stated in those Codes.
B. 
Where the following terms are used in this chapter, they shall have the meanings indicated:
APPEAL
A written notice addressed to the Concord Township UCC Board of Appeals, to be filed at the Township Offices within 30 days of any action or decision by the Concord Township Property Safety Officer.
APPROVED
In accordance with all laws and ordinances of the Concord Township and the Commonwealth of Pennsylvania.
BASEMENT
A portion of any dwelling located partially underground but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
BOARD OF SUPERVISORS
The Board of Supervisors of Concord Township.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE
The Building Code of Concord Township.
BUSINESS (UNIT)
A room or group of rooms used for offices or a retail use offering sales to the general public.
CELLAR
A portion of any building having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COMMERCIAL (UNIT)
Same as "business (unit)."
DUPLEX
Any family dwelling containing two dwelling units.
DWELLING
A building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
EQUIPMENT
Any man-made object, not of a stationary nature, and not a structure, located on any premises.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by spraying, poisoning, fumigating or trapping; or by any other recognized and legally approved pest elimination methods approved by the Public Safety Officer.
FAMILY
A group of persons related by blood, marriage or adoption.
GARBAGE
Includes all vegetable and animal food wastes from the preparation, cooking and serving of food; market wastes; and wastes from the handling, storage and sale of produce.
HABITABLE ROOM
A room used or intended to be used for living, sleeping, eating or cooking, excluding bathrooms, water closet compartments, laundries, foyers, pantries, communicating corridors, stairways, closets, basement recreation rooms and storage spaces.
HOTEL
A public house, providing lodging to the public, which opens directly on a parking area.
INDUSTRIAL (UNIT)
A room, group of rooms or building used for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations.
[Added 5-10-2011 by Ord. No. 336]
INFESTATION
The presence in or swarming or overrunning of a dwelling or a part thereof, inside or outside, by insects or pests or the presence of rodents or vermin in or outside the dwelling or any part thereof.
MULTIFAMILY DWELLING
Any dwelling or part thereof containing more than two dwelling units.
OCCUPANT
Any person, including an owner or operator, living or sleeping in a dwelling or rooming unit, or working in a commercial, business or office unit.
OFFICE (UNIT)
A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
OPENABLE AREA
The part of a window which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Any person having charge, care, management or control of any building or part of it in which dwelling units or commercial, business or office units are let. For the purpose of this definition, a real estate agent collecting the rent shall be presumed to be an operator. Such presumption shall be overcome if said rental agent, within five days receipt of notice of alleged violation, advises the Property Inspector, in writing, that he has no authority to spend money to alter, improve, manage or repair the premises involved and gives the correct name and address of his principal.
OWNER
Any person who alone, jointly or severally with others, holds legal or equitable title to any building, equipment or premises as defined in this section. Beneficiaries under any trust or estate shall not be deemed to hold legal or equitable title to any premises.
PERSON
Any individual firm, corporation, association or partnership or any other legal entity.
PLUMBING CODE
The Plumbing Code of the Township of Concord and all rules and regulations adopted thereunder.
PLUMBING or PLUMBING FIXTURES
Water-heating facilities, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, pumps, vents and other similar supplied fixtures, together with all connections to water or sewer lines.
PREMISES
A lot, plot or parcel of land, including the buildings and structures thereon, including the yard as defined hereinafter.
PROPERTY MAINTENANCE CODE
The 2009 Edition of the International Property Maintenance Code.
[Amended 5-10-2011 by Ord. No. 336]
PROPERTY SAFETY OFFICER
The Township employee or consultant designated by the Board of Supervisors to implement this chapter.
ROOMING HOUSE
Any dwelling or part thereof containing more than one rooming unit in which space is let to one or more persons.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
RUBBISH
Includes all solid wastes having combustibles and noncombustibles, such as cans and bottles, exclusive of garbage.
SINGLE-FAMILY DWELLING
A dwelling containing no more than one dwelling unit.
STORAGE (UNIT)
A building, structure, or portion thereof used for storage.
[Added 5-10-2011 by Ord. No. 336]
SUPPLIED
Installed, furnished or provided by the owner or operator at his expense.
UNFIT UNIT
Any unit not in accordance with the minimum standards of this Code.
UNSAFE
Structurally unsafe or unsound, unstable, unsanitary, inadequately provided with exit facilities, constituting a fire or health hazard, unsuitable or improper for use or occupancy, constituting a hazard to health or safety or public morals because of inadequate maintenance, dilapidation, obsolescence or abandonment or otherwise dangerous to life or property.
YARD
All grounds, lawns, courts, walks, driveways or other open space constituting part of the same premises as a dwelling, and is includable in the definition of "premises."
A. 
The administration and enforcement of this chapter shall be the responsibility of the Office of Property Safety, under the direct supervision of the Township Manager and the Concord Township Board of Supervisors.
B. 
The Concord Township Board of Supervisors shall annually approve such rules and regulations, as well as fee schedules, as they deem appropriate and necessary to enforce the purposes of this chapter. Such fees and regulations shall be posted in the Township Offices.
C. 
Any person aggrieved by any action or decision of an employee or consultant retained by of Concord Township relating to this chapter shall have the right to appeal, within 30 days by filing a written notice with the Concord Township UCC Board of Appeals.
A. 
No person shall operate or rent any property subject to the provisions of this chapter without complying with the inspection and licensing requirements of this chapter. The following types of structures and uses are subject to the requirements of this chapter:
(1) 
Hotel rooms, motel rooms, rooming houses;
(2) 
Multifamily dwelling units;
(3) 
Single-family houses offered for rent;
(4) 
Commercial, industrial storage, business and office units.
[Amended 5-10-2011 by Ord. No. 336]
B. 
Every person applying for a license shall complete an application available at the Township Offices and shall pay an annual license fee for each rental unit as set forth in the Township's current fee schedule.[1] Said license fee shall be issued for the calendar year or any part thereof.
[1]
Editor's Note: A copy of the current fee schedule is on file in the Township offices.
C. 
Every license shall conspicuously specify the maximum number of occupants permitted to occupy the building/structure/room.
D. 
Every structure subject to the provisions of this chapter shall conspicuously display the current license.
E. 
No license required under this chapter shall be transferable unless the new owner or operator shall give notice, in writing, to the Township, within 10 days after the change of ownership or rental interest. Such notice shall include the name, address, phone number and e-mail address of the person or persons succeeding to the ownership or control of the licensed structure.
F. 
No license may be renewed or issued until an inspection of the premises has been completed and approved.
G. 
Whenever any inspection required under this chapter reveals conditions or practices existing in violation of the 2009 International Property Maintenance Code or any later amended version, written notice of the unacceptable conditions and practices shall be provided to the owner or operator, with a direction to correct such conditions or cease such practices by a date certain. The written notice shall also include notice of the right to appeal and the method to perfect such appeal.
H. 
Any person whose license has been suspended or who has received a notice to correct conditions or to cease practices shall have a right to appeal to the UCC Board of Appeals. Unless a written request for an appeal has been filed with the Township, a license shall be automatically suspended on the date specified in the written notice as the last date within which to correct the conditions noted therein to bring the property into compliance.
[Amended 5-10-2011 by Ord. No. 336]
I. 
When a certificate of occupancy has been issued to the owner or operator for the premises required to be licensed under this chapter, no fee for a license under this chapter shall be charged during the 12 months immediately following the date of issuance of the certificate of occupancy.
A. 
The Office of Property Safety is hereby authorized and directed to make annual inspections to determine conditions of properties subject to the provisions of this chapter. For the purpose of making inspections, employees of, or consultants retained by the Office of Property Safety are authorized to enter, examine and inspect, at reasonable times, after notice, all premises, buildings and units subject to this chapter, and, for this purpose, the person in charge thereof shall provide access to any part of such premises at reasonable times for such inspections.
[Amended 5-10-2011 by Ord. No. 336]
B. 
Inspections. Employees of, or consultants retained by the Office of Property Safety shall carry and show adequate and complete identification, and it shall be their duty to file in the offices of the Township a list of each of the premises to be inspected that day. It shall not be a violation of this chapter to refuse inspection until the owner, occupant or person in charge of the premises has called the Township offices to confirm the identification and purpose of the consultant/employee's visit. No inspection shall be made except during hours when the Township offices are open for public business.
C. 
The owner or occupant of every structure, office, building, or dwelling unit subject to the chapter, or the person in charge thereof, shall, upon written notice that entry could not be obtained, make the premises open and available for inspection at a time set by the Office of Property Safety and stated in the notice. If said time is not convenient to said owner, occupant or person in charge, he/she shall promptly notify the Township and set forth a date and time, within the Township office hours, when an inspection may be made, but such time must be within 10 days of the Township notice. Failure to arrange a convenient time as herein stated shall make said owner, occupant or person in charge thereof subject to the civil enforcement provisions of this chapter.
[Amended 5-10-2011 by Ord. No. 336]
[Amended 5-10-2011 by Ord. No. 336]
The standards contained in the International Fire Code, the ICC Electrical Code, the NFPA 70 - National Electrical Code, the NFPA 101 - Life Safety Code and the International Plumbing Code, or the most recent editions of these Codes as adopted by the Supervisors, are hereby adopted for all properties subject to the requirements of this chapter. If a conflict exists between any adopted code standard and any other standard contained herein, the most restrictive standard shall govern.
Whenever the Office of Property Safety determines that there has been a violation of any of the provisions of this chapter, notice of such violation shall immediately be provided by first class mail, return receipt requested, to the person or persons responsible therefor at the address set forth in the license or the license application. Included in such notice shall be the date by which remedial action must be taken, as well as an explanation of the method and time within which to file an appeal.
All appeals under this chapter shall be to the UCC Board of Appeals, in accordance with the provisions and procedures as contained in the UCC. Any person directly affected by notice or order issued under this chapter shall have the right to appeal to the UCC Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
A. 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, be subject to a fine up to $1,000 plus all court costs, including reasonable attorney fees incurred by the Township.
B. 
Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for such violation shall be paid over to Concord Township.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or other provision of the Code of Concord Township existing on the effective date of this chapter, the provision which establishes the more restrictive standard for the promotion and protection of the health and safety of the occupants shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or the Code of Concord Township existing on the effective date of this chapter which establishes a lower restrictive standard for the promotion and protection of the health and safety of the citizens, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portions of this chapter. The Board of Supervisors of Concord Township hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
This chapter and the rules, regulations, provisions, requirements and matters established and adopted hereunder shall take effect and be in full force and effect immediately from and after the date of its final passage and adoption by the Board of Supervisors of Concord Township.