[HISTORY: Adopted by the Board of Supervisors of the Township
of Hanover 4-28-2009 by Ord. No. 09-12. Amendments noted where applicable.]
In considering the adoption of this chapter, the Township makes
the following findings:
A.
There is a growing concern in the community with the appearance and
physical condition of many residential rental units.
B.
There is a perception and appearance of greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
C.
Violations of maintenance codes are generally less severe and more
quickly corrected at owner-occupied units as compared to residential
rental units.
D.
A residential rental inspection program can avoid life-threatening
problems, such as lack of functioning smoke detectors, faulty mechanical
equipment and inadequate or unsafe electrical equipment.
[Amended 10-24-2023 by Ord. No. 23-5]
As used in this chapter, the following words shall have the
following meanings. If a term is not defined in this chapter but is
defined in another existing Township ordinance, then that definition
shall apply to this chapter.
Any person designated by the owner of a residential rental
unit who has charge, care or control of said residential rental unit.
The certificate issued by the Code Official which evidences
a satisfactory inspection under the provisions of this chapter.
The person or persons authorized by the Township to determine
compliance with the provisions of this chapter and to enforce the
same. The Code Official shall include the Township Zoning and/or Property
Code Officer as appointed or employed from time to time by the Township
Board of Supervisors.
Any applicable parts of this chapter, other codes or ordinances
as adopted by the Township from time to time, statutes and any rules
and regulations promulgated thereunder.
In multiple-unit dwellings, space which is not part of a
residential rental unit and which is shared with other occupants of
the premises, whether they reside in residential rental units or not.
Common areas shall be considered as part of the premises for purposes
of this chapter.
A unit including, but not limited to, a single residence,
double houses, row houses, townhouses, condominiums, apartment houses,
hotel units, motel units and conversion apartments. A dwelling unit
shall also comprise units of independent-living facilities, assisted-living
facilities, and dwelling units for memory-impaired individuals.
The fee required to be submitted with the permit application
as set by resolution of the Township Board of Supervisors from time
to time.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used on a transient
basis.
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses, hotels, motels, and conversion apartments.
Multiple-dwelling units shall also include independent-living facilities,
assisted-living facilities, and those facilities containing dwelling
units for memory-impaired individuals.
A violation notice issued by the Code Official under this
chapter.
An individual who resides in, but is not the owner of, a
residential rental unit.
Any person, agent, operator, firm, corporation, partnership,
limited-liability company, limited-liability partnership, association,
other entity, property management group, or fiduciary holding or having
legal, equitable or other interest in any real property or otherwise
having control of the property, including the guardian of the estate
of any such person and the executor or administrator of such person's
estate. When used in this chapter in a clause proscribing any activity
or imposing a penalty, the term as applied to corporations, partnerships,
limited liability companies, limited-liability partnerships, associations,
other entities, or property management groups shall include each and
every member, shareholder, partner (limited or general), director,
officer and other individual having an interest in the entity, controlling
or otherwise.
The zoning permit application required by § 136-5 herein.
The real property on which a dwelling unit is located.
A dwelling unit not occupied by the owner thereof.
Hanover Township, Northampton County, Pennsylvania.
A living area comprised of one or more rooms used for living,
sleeping and habitation purposes and having its own kitchen and sanitation
facilities, all arranged for occupancy by one or more persons.
A permit issued in accordance with § 136-5 of this chapter.
A.
Each owner of a residential rental unit shall obtain a zoning permit
pursuant to this chapter in order to validly rent the residential
rental unit. Each unit owner shall file the requisite permit application
initially no later than July 31, 2009, and thereafter upon a change
in the occupant of the residential rental unit and/or at least 60
days prior to the expiration of the then current permit.
B.
The owner of each residential rental unit shall maintain the residential
rental unit and all common areas used by the occupants of the residential
rental unit and all facilities servicing the residential rental unit
and the premises on which the residential rental unit is located in
compliance with all applicable codes and regulations at all times.
C.
The duties of the owner shall be to receive notices and correspondence,
including service of process from the Township; to arrange for the
inspection of the residential rental unit(s) in accordance with this
chapter or in the event that the Code Official has identified a need
for inspection due to alleged violations at that residential rental
unit(s); to do or arrange for the performance of maintenance, cleaning,
repair, pest control, etc. and insure continued compliance of the
residential rental unit(s) with the current codes, and other ordinances
in effect in the Township.
D.
No unit shall be occupied, knowingly by the owner, by a number of persons that is in excess of the requirements outlined in § 136-4.
E.
To protect the health, safety, and welfare of the residents of the
Township, it is hereby declared that the Township shall require hazard
and general liability insurance for all property owners, letting residential
rental units for occupancy in the Township contain minimum coverage
of $50,000 in general liability insurance and hazard and casualty
insurance in amounts sufficient to either restore or remove the building
in the event of a fire or other casualty. Further, in the event of
a fire or loss covered by such insurance, it should be the obligation
of the owner to use such insurance proceeds to cause the restoration
or demolition or other repair of the property in adherence to the
Township Code and all applicable ordinances. Owner shall be required
to place their insurance company name, policy number and policy expiration
date on their permit application, or in the alternative, to provide
the Code Official with a copy of the said certificate of insurance.
F.
The owner shall certify in the permit application that the residential
rental unit(s) is currently compliant with all of the applicable rules
and regulations and Codes of the Township.
G.
Every owner, or agent shall provide each occupant with a copy of
this chapter, the current zoning permit for the residential rental
unit and the certificate of compliance for his/her residential rental
unit.
H.
It shall be the responsibility of every owner or agent to employ
policies and to manage the residential rental units under his/her
control in compliance with the provisions of this chapter, codes and
applicable laws of the Commonwealth of Pennsylvania.
I.
Designation of agent.
(1)
If the owner is not a full-time resident of the Township or does
not reside within a sixty-mile radius of the Township, then the owner
shall designate a person to serve as agent, who does reside or work
on a daily basis within a sixty-mile radius of the Township. If the
owner is a corporation, a separate agent shall be appointed unless
an officer of the corporation is appointed as the agent and such officer
lives within a sixty-mile radius of the Township. If the owner is
a partnership, an agent shall be required if a partner does not reside
within a sixty-mile radius of the Township. The agent 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 chapter.
(2)
The legal name, mailing address, daytime physical address (not a
post office box), and daytime and evening telephone numbers of a person
who is designated as the agent shall be provided in writing by the
owner to the Township, and such information shall be kept current
and updated within five business days after it has changed.
(3)
The Agent shall be authorized to accept service of process on behalf
of the owner.
K.
The owner shall not permit the residential rental unit to be occupied
without a valid zoning permit issued pursuant to this chapter.
L.
Each owner of a residential rental unit shall notify the Code Official
in writing within 30 days after any change in ownership of the premises
or of the number of residential rental units on the premises, and
to submit new contact information. Failure to so notify the Code Official
shall be considered a violation of this chapter.
M.
The owner shall notify the Code Official in writing within 30 days
after the changing of a unit from owner-occupied to being a residential
rental unit for purposes of this chapter. Failure to so notify the
Code Official shall be considered a violation of this chapter.
A.
The occupant shall comply with all obligations imposed upon occupants
by this chapter, applicable codes and regulations of the Township,
and all applicable provisions of laws of the Commonwealth of Pennsylvania.
B.
A residential rental unit shall not be occupied by more than three
unrelated persons, as defined herein, unless specifically permitted
otherwise by the Township Zoning Ordinance.[1] A residential rental unit shall also comply with the occupancy
limits of other applicable commonwealth and local codes and regulations.
C.
Occupants shall collect and dispose of all rubbish, garbage and other
waste in a clean and sanitary manner, and occupants shall comply with
Township solid waste, sanitation and recycling regulations. Occupants
shall keep the part of the premises which occupant occupies or controls
in a clean and sanitary manner.
D.
Occupants shall not engage in, nor tolerate, nor permit guests on
the premises to engage in, any conduct declared illegal under any
federal statute, and/or 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 illegal sale or distribution of controlled substances
under the Controlled Substance, Drug, Device and Cosmetic Act (35
P.S. § 780-101 et seq.) or their successor laws.
E.
Occupants shall permit the Code Official to conduct inspections of
the residential rental unit during Township business hours, after
receiving notice from the owner, agent and/or the Township.
A.
The owner(s) of the premises where a residential rental unit is located
is/are responsible, jointly and severally, for filing a permit application
to the Township for the zoning permit, which permit application must
comply with all the requirements, established pursuant to this chapter,
and any applicable regulation, for such applications. A new permit
application must be submitted every three years and/or upon a change
in the occupant of a residential rental unit.
B.
All permit applications shall be in writing, shall use the form adopted
by the Township Board of Supervisors, shall provide all the information
required pursuant to this chapter and shall be accompanied by the
required fee. The Township shall have no duty to process any permit
application without the required fee.
C.
The information to be provided, by the owner, with the application,
shall include:
(1)
Parcel identification number and zoning district;
(2)
Property address;
(3)
Applicant name and phone number;
(4)
Agent name, address and phone number;
(5)
Owner name, address and phone number;
(6)
Type of dwelling, number of bedrooms, type of water, type of sewer
and number of dwelling units;
(7)
Liability insurance company, policy number and expiration date; and
(8)
Occupant names and contact information.
D.
The Code Official shall issue the zoning permit for the residential
rental unit when:
E.
Denial of permit. If, there is an inspection by the Code Official and, as a result of which, the Code Official has determined that the certificate of compliance should not be granted, due to any condition(s) that does/do not comply with applicable regulations, the Code Official shall issue, to the owner, a written notice of violation (NOV) in accordance with § 136-8A identifying the noncompliant condition(s) and ordering that compliance be achieved in a timely manner.
F.
Fees. At the time of submission of the permit application, owner
shall pay the fee as defined above. The fee does not include or supersede
any fees required by the Township Property Maintenance Code or any
fees that may be imposed in accordance with any other Township code
or ordinance.
G.
Hotels and motels. The permit application required by this section
shall only be required for a hotel unit or motel unit located in a
hotel or motel which permits occupancy on a weekly or monthly basis,
upon the request of and at the sole discretion of the Code Official.
No permit application shall be required of hotel units or motel units
located in hotels or motels principally providing overnight lodging.
No residential rental unit shall be occupied, and no zoning
permit shall be issued in accordance with this chapter, unless a certificate
of compliance evidencing compliance with this chapter has been issued
by the Code Official. Issuance of a certificate of compliance shall
represent compliance with the inspection requirements of this chapter
but shall not denote compliance with any other applicable part, chapter,
other code, ordinance or statute. A certificate of compliance shall
be valid for a period of 36 months and/or until there is a change
in the occupant of the residential rental unit. Every certificate
of compliance shall be displayed in a conspicuous place in the interior
of the residential rental unit.
A.
No certificate of compliance shall be issued except as follows:
(1)
Inspections required. Prior to occupancy and prior to issuance of
a certificate of compliance, each residential rental dwelling unit
shall be inspection by the Code Official or other authorized inspector,
and for such purpose and for any reinspection required hereunder,
the owner shall provide access to the Code Official or authorized
inspector. A residential rental unit where inspection access is denied
may not be issued a certificate of compliance until inspection access
is provided.
(2)
All inspections conducted under the authority of this chapter shall
determine compliance with this chapter and all Codes of the Township
and the laws of the Commonwealth of Pennsylvania. This inspection
shall include the exterior and interior of the premises on which the
residential rental unit is located.
(3)
Whenever permission for access to a residential rental unit cannot
be obtained for any reason, or whenever the Code Official shall determine
or have a reasonable belief that such residential rental unit is being
occupied in violation of the provisions of this chapter, he may seek
to obtain a search warrant as set forth herein from a competent authority
in accordance with applicable law.
(4)
Exemption from inspection.
(a)
In any instance where the Code Official shall lawfully issue
a certificate of occupancy for a rental residential unit as a result
of new construction or alterations, he shall concurrently issue a
certificate of compliance.
(b)
In any instance where proper evidence is submitted to the Code
Official to demonstrate compliance with a current inspection by a
federal or a state authority pursuant to a maintenance standard equivalent
or more strict than the provisions required under this part, the Code
Official shall issue a certificate of compliance dated as of the date
of such inspection.
(5)
The Township reserves the right at any time to inspect any premises
to verify compliance with the provisions of this chapter, which Township
inspection shall be made without charge. If, as a result of such Township
inspection, violations of the provisions of this chapter are determined,
additional inspections necessitated by such noncompliance shall be
at the expense of the owner.
B.
Search warrants.
(1)
If entry to any premises, common area or residential rental unit,
for the purpose of inspection, is denied to the Code Official, the
Code Official may apply to the appropriate authority for an administrative
search warrant. Without limitation, when denied access, the Code Official
may request a warrant for the following reasons:
(a)
The inspection is part of a systematic inspection, permitting and
enforcement program;
(b)
The affiant has knowledge of or probable cause to believe that
there is an existing or potential violation of applicable Township
regulations, in the residential rental unit; and/or
(c)
The entry is necessary for the purpose of reinspecting a violation
of a Township regulation previously observed by the Code Official
and which the Code Official ordered to be corrected.
(2)
No search warrant is required if an imminent danger to health and
safety exists, or the Code Official has probable cause to believe
that dangerous conditions exists and an inspection is required to
determine if an inherent danger to health or safety exists.
C.
If the Code Official determines that, within any residential rental
unit, premises or common area, an emergency condition exists which
requires immediate action to protect the public health, safety and/or
welfare, the Code Official may issue a determination declaring the
existence of such emergency condition and a NOV requiring the action
necessary to be undertaken by any owner to correct such condition
effectively and immediately.
D.
The issuance of a certificate of compliance shall not be deemed,
nor construed as, a representation, guaranty or warranty of any land
by the Township, or its officials, agents or employees, and shall
create no liability upon the Township, its officials, agents or employees.
E.
The issuance of a certificate of compliance shall not preclude or
otherwise affect the authority of the Code Official from the enforcement
of any other part of the Code, applicable statute, ordinance, rule
or regulation at any time.
A.
If the inspection of a residential rental unit discloses noncompliance
with the provisions of this chapter, the Code Official shall issue
a notice of violation. The notice of violation shall set forth the
following:
(1)
The street address or appropriate description of the premises;
(2)
The date of the inspection;
(3)
The identity of the inspector;
(4)
A list of the Code deficiencies;
(5)
The number of days in which the owner and/or occupant is to accomplish
repairs and/or otherwise cure the violation; and
(6)
Notice that if the conditions are not repaired or the premises are
not otherwise brought into compliance with the provisions of this
part within the time specified, the occupant and/or the owner may
be prosecuted and/or the residential rental unit may be placarded
as unfit for human occupancy, in which event the occupants shall promptly
vacate the residential rental unit, only the Code Official shall have
authority to institute prosecutions under the provisions of this chapter.
B.
Notifications.
(1)
Notices of violation shall be sent to the owner, and agent if applicable,
by certified mail.
(a)
In the event that the notice of violation is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Official shall attempt delivery by personal service on the owner or
agent if applicable. The Code Official shall also post the notice
of violation at a conspicuous place on the premises.
(2)
The Township shall not be responsible for failing to provide a notice
of violation where the owner has not provided an up-to-date name and
address for the owner or the agent for the residential rental unit.
(3)
There shall be a presumption that any notice of violation required
to be given to the owner under this chapter shall have been received
by such owner if the notice of violation was given to the owner in
the manner provided by this chapter.
(4)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall not be a defense to nonissuance or nonrenewal of a zoning
permit.
C.
Notices of violation.
(1)
The Code Official shall provide a written notice of violation to
the owner within 10 days of the completion of an inspection of a residential
rental unit. A copy of said notice of violation shall likewise be
provided to the occupants of the residential rental unit.
(2)
The owner shall be permitted 30 days from the date of the written
notice of violations to cure all violations enumerated therein. The
only exceptions to this thirty-day cure period are as follows:
(a)
In the event the Code Official determines a residential rental
unit is unfit for human habitation, and/or that the continued occupation
of the residential rental unit poses an imminent threat to the health,
safety and welfare of the occupants or to the neighboring occupants/owners,
the Code Official shall order said residential rental unit to be vacated
immediately, and to remain vacated until conditions are corrected
to the satisfaction of the Code Official.
(b)
For serious violations that do not require the premises to be
vacated, the Code Official may require said violations be cured within
24 hours, or any other time period as determined by the Code Official.
(c)
For violations requiring more than 30 days to cure, the Code
Official may grant, in his discretion, the additional time required
to effect a cure, and this period shall be noted in writing and provided
to the owner.
D.
Nonrenewal.
(1)
A Code Official may delay and/or deny the renewal of a zoning permit
if there are outstanding violations of Codes for that residential
rental unit that have not been corrected at the time of zoning permit
renewal.
(2)
If the violations are not a threat to the safety of occupants or
other members of the public, a Code Official may permit the current
occupants to continue to reside in the residential rental unit for
a reasonable period of time established by a Code Official in the
notice of nonrenewal, with the time limit removed when the violations
of codes are corrected. A Code Official may issue a temporary zoning
permit that is conditioned upon certain actions being taken within
a maximum time period.
E.
Revocation. The immediate revocation of the zoning permit to rent
a residential rental unit shall occur if a Code Official determines
that violations of Township codes present a threat to the safety of
occupants or other members of the public. Such revocation shall continue
until violations of Township codes are corrected and the property
has been reinspected. Upon revocation, the owner shall take immediate
steps to locate alternative housing for the occupants.
F.
Suspension.
(1)
A Code Official may suspend the zoning permit to rent a residential
rental unit until violations of Township codes have been corrected
within a time limit established by a Code Official. Such suspension
shall continue until such time as the violation(s) of Township codes
are corrected.
(2)
If the violations are not a threat to safety of occupants or other
members of the public, a Code Official shall permit the current occupants
to continue to reside in the premises for a reasonable period of time
established by a Code Official in the notice of suspension.
(3)
A Code Official may suspend the zoning permit to rent a residential
rental unit if the owner of his/her designated agent are not available
or do not respond to contacts by a Code Official, or if the name and
contact information for the owner or agent are no longer valid, or
if the agent no longer represents the owner.
G.
Reinstatement. A zoning permit shall be reinstated if the owner of
a residential rental unit corrects the reason for the nonrenewal,
suspension or revocation of the zoning permit.
H.
Procedure for nonrenewal, suspension or revocation of zoning permit.
Following a determination that grounds for nonrenewal, suspension
or revocation of a zoning permit exist, a Code Official shall notify
the owner or agent of the action to be taken and the reason therefore.
Such notification of violation shall be in writing, addressed to the
owner or agent, and shall contain the following information:
(1)
The address of the premises and identification of the affected residential
rental unit(s).
(2)
A description of the violation which has been found to exist.
(3)
A statement that the zoning permit for said residential rental unit(s)
shall be suspended, revoked, or will not be renewed for the next period
unless the violation is corrected within the time deadline provided
in the notice of violation. In the case of a revocation, the notice
shall state the date upon which such revocation will commence.
(4)
A statement that during the zoning permit nonrenewal or revocation,
the property shall not be rented for occupancy except for any temporary
conditional license extension that a Code Official may issue.
A.
Any person or owner who violates or permits a violation of any provision
of this chapter shall, upon conviction of a summary proceeding brought
before a Magisterial District Judge, be guilty of a summary offense
and shall be punishable by a fine of not less that $100 nor more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violations continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall constitute a separate
offense.
B.
In addition to the above, the Township may institute, in the name
of the Township, any appropriate action or proceeding to prevent,
restrain, correct or abate violations of this chapter.
C.
This chapter shall take effect 90 days after enactment. Any owner
of a residential rental unit which has not submitted a permit application
in accordance with the terms of this chapter on or before July 31,
2009, shall receive a mandatory fine of $250 and be liable for all
costs of prosecution including, but not limited to, the Township's
reasonable legal fees.
D.
If the occupant of a residential rental unit shall provide a written
complaint regarding the condition of a residential rental unit such
that the Code Official, on the basis of such complaint, conducts an
inspection of a residential rental unit pursuant to the authority
of this chapter, and such written complaint is determined to be without
any basis in fact, then the occupant shall be in violation of this
chapter and shall be required to pay the expenses of the Township
in conducting the inspection at issue or, for failing to do so, shall
be charged with a first offense subject to the penalties identified
above.
A.
Stricter standards to apply. In the event any provision of this chapter
is inconsistent with the provisions of any other ordinance in effect
in the Township, the provision applying the stricter standard shall
apply.
B.
Owners separately responsible. If any residential rental 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 separately
responsible for the duties imposed under the terms of this chapter,
and shall be separately subject to prosecution for the violation of
this chapter.
