[Ord. 290,[1] 4-19-2010, § 1]
No person shall hereafter occupy, allow to be occupied or lease
to another person for occupancy any residential rental unit within
the Township unless a registration application has been properly completed,
filed with the Township and all fees paid therefor.
[1]
Editor's Note: This ordinance also superseded former
Part 4, Residential Rental Registry, adopted 7-20-2009 by Ord. 284,
§§ 1 through 6.
[Ord. 290, 4-19-2010, § 2]
(a)
Application for the residential rental unit license shall be made
upon forms furnished by the Township for this purpose and shall include
such information as the Supervisors, by resolution, shall from time
to time direct.
(b)
The fee for the annual registration of residential rental units shall
be as set forth by resolution adopted by the Township.
[Ord. 290, 4-19-2010, § 3]
(a)
Every owner, landlord, manager or agent for an owner who rents, leases,
offers for occupancy for remuneration any property, or any portion
thereof in the Township, to any tenant for a period of time in excess
of 25 days, shall supply the following information to the Township
Code Enforcement Officer:
(1)
The residential rental unit's street address and/or the residential
rental unit's room unit number;
(2)
The name or names of all tenants and occupants to occupy such property;
(3)
Contact information for the tenants and occupants of the property;
(4)
The mailing address of the residential rental unit, or room unit;
(5)
The name, address, and telephone number of the property owner(s);
and
(6)
Name, address and telephone number of a designated property manager
(manager).
(b)
The above information shall be provided to the Township Code Enforcement
Officer within 30 days of the renting, leasing, subleasing, occupancy
or possession of any property in the Township for a period of time
in excess of 25 days. Notwithstanding the foregoing, if a property
has already been rented, leased, subleased, occupied or possessed
for a period of 25 days prior to the execution of this Part, all of
the above information shall be remitted to the Township Code Enforcement
Officer within 60 days of the execution of this Part.
[Ord. 290, 4-19-2010, § 4]
Dwelling units shall not be occupied by more occupants than
permitted by the following minimum area requirements as applicable,
as are set forth in the 2003 International Property Maintenance Code:
Where there are fewer than two occupants occupying a dwelling, there
shall be no minimum area requirements. Where there are three to five
occupants occupying a dwelling, the living room area shall be a minimum
of 120 square feet, and the dining room area shall be a minimum of
80 square feet. Where there are six or more occupants occupying a
dwelling, the living room area shall be a minimum of 150 square feet
and the dining room area shall be a minimum of 100 square feet. The
following minimum area requirements for bedrooms shall be complied
with for any number of occupants occupying a dwelling, as are set
forth in the 2003 International Property Maintenance Code: Every bedroom
occupied by one person shall contain at least 70 square feet of floor
area, and every bedroom occupied by more than one person shall contain
at least 50 square feet of floor area for each occupant thereof.
[Ord. 290, 4-19-2010, § 5]
(a)
All residential rental units may be required to be inspected by the
Township Code Enforcement Officer biennially (once every other year),
or within 30 days of written notice from the Code Enforcement Officer,
for compliance with the currently adopted version of IPMC, this Part
and other Township ordinances or state or federal laws applicable
thereto. All such inspections shall be subject to, and conducted in
accordance with, the Fourth Amendment to the United States Constitution.
Occupants may refuse entry to the Township Code Enforcement Officer
in the absence of an administrative search warrant or legal authority
to enter the property, in which case the subject property shall not
be issued the requisite certificate of inspection and, consequently,
the subject property shall not be authorized to be used as a rental
property. However, nothing in this Section shall prohibit a Code Enforcement
Officer from requesting permission from an occupant to inspect a property
for compliance with this Section, or to seek and obtain an administrative
search warrant or other legal authority to enter such property or
residential rental unit. Nothing in this section shall prohibit additional
inspections if the property is found to be in violation of any Township
ordinance or commonwealth laws or if the Township receives complaints
regarding unlawful activities at the property. The owner shall be
responsible for any additional inspection costs if any violations
are identified as a result of a complaint inspection.
[Amended by Ord. 308, 5/21/2012, § 1]
(b)
The fee for the inspection of residential rental units shall be as
noted in the fee schedule adopted by the Township or as the Supervisors
may hereafter by resolution direct.
[Ord. 290, 4-19-2010, § 6]
Required. No person shall rent, lease or allow to be occupied
any residential rental unit subject to this Part without having a
valid and current certificate of inspection for the residential rental
unit.
[Ord. 290, 4-19-2010, § 7]
(a)
Upon inspection by the Township Code Enforcement Officer, if a property
or residential rental unit is found to be in compliance with Township
ordinances and the inspection fee has been paid, the Township Code
Enforcement Officer shall issue a certificate of inspection for the
property or residential rental unit, respectively. An inspection may
also be conducted if the Township receives a complaint or notice of
code violations or unlawful activities as a residential rental unit.
(b)
If a property is found to be in violation of any Township ordinance,
including, but not limited to, the IPMC, Township ordinances, or any
other law of the Commonwealth of Pennsylvania, the Township Code Enforcement
Officer shall provide written notice of such violation(s) to the property
owner or to the local property manager previously designated in writing
by the property owner and shall set a reinspection date before which
such violation(s) must be corrected. The reinspection date shall be
as stated by the Township Code Enforcement Officer in the written
notice, but shall be no more than 60 calendar days after the date
of inspection unless the Township Supervisors otherwise shall approve.
A fee for each reinspection of violation(s) shall be charged in accordance
with the fee schedule established by the Township or as the Supervisors
may hereafter by resolution direct.
(c)
If the violation(s) cited by the Township Code Enforcement Officer
is corrected upon reinspection and the annual license fees have been
paid, the Township Code Enforcement Officer shall issue a certificate
of inspection for the property.
(d)
If the violation(s) cited by the Township Code Enforcement Officer
is not corrected upon reinspection, the Township Code Enforcement
Officer shall not issue the certificate of inspection and shall inform
the Township Supervisors in writing within 10 days for further action
as the Township Supervisors shall deem appropriate. The residential
rental unit license shall also be suspended as noted in this Part.
[Ord. 290, 4-19-2010, § 8]
(a)
The owner of a residential rental unit may request inspection of
a residential rental unit at any time. Any such request shall be made
in writing to the Township Code Enforcement Officer and shall be accompanied
by the inspection fee required by the Township.
(b)
The certification of inspection issued by the Township Code Enforcement
Officer shall expire two years from the date of issuance, unless suspended
or revoked due to a violation of this Part.
(c)
A certificate of inspection shall be transferable to new owners.
(d)
The tenant of a residential rental unit may request a copy of a certificate
of inspection for the property in which he resides.
[Ord. 290, 4-19-2010, § 9]
(a)
Failure of an inspection of a residential rental unit will result
in the suspension of the residential rental unit's license, if
the violation(s) found during the inspection is not corrected within
the designated time frame.
(b)
If the violation(s) found during the inspection is not corrected
within the designated time frame, the residential rental unit license
shall be suspended and the tenants shall be notified to vacate the
residential rental unit within the time period as established by the
Township Code Enforcement Officer, but in no case shall this period
exceed 30 calendar days of the receipt of this notice. Occupancy of
the residential rental unit shall not be allowed until the violation(s)
has been corrected and the residential rental unit passes an inspection
by the Township Code Enforcement Officer.
[Ord. 290, 4-19-2010, § 10]
(a)
Failure to correct the violation(s) by the time of reinspection may
result in the Township Code Enforcement Officer issuing a nontraffic
citation to the property owner or owners.
(b)
If, in the opinion of the Township Code Enforcement Officer, there
is evidence that a tenant or tenants are responsible for part or all
the violation(s) which resulted in the suspension of the residential
rental unit's license, the Township Code Enforcement Officer
shall, after due notice to all parties involved, have the ability
to cite both the property owner and the tenant or tenants. All parties
shall be required to appear before the local magistrate as so notified.
(c)
Any person who violates any provision of this Part shall, upon conviction
hereof before a court of competent jurisdiction, be sentenced to pay
a fine of not less than $100, plus court costs and costs incurred
by the Township, but not more than $1,000 plus court costs and costs
incurred by the Township, and in default of payment, to imprisonment
for a term not to exceed 30 days.
(d)
A separate offense shall be deemed to have been committed for each
and every day during or on which a violation(s) occurs.
[Ord. 290, 4-19-2010, § 11]
This Part shall not apply to hospital units, nursing units or
retirement home units located within the Township that are otherwise
inspected by a county, state or federal government agency for the
purposes set forth in this Part, but shall apply to residential rental
units in an age-qualified housing development approved pursuant to
the Southwestern Berks Zoning Ordinance,[1] as amended.
[Ord. 290, 4-19-2010, § 12]
As used in this Part, the following terms shall have these meanings:
The current adopted version of the International Property
Maintenance Code, as amended, and as adopted by the Township.
Any natural individual, partnership, association, corporation,
joint venture, receiver, executor, trustee, business entity, personal
representative or guardian appointed by any order of any court of
competent jurisdiction.
A room or rooms for one or more persons, with independent
living facilities providing for living, sleeping, cooking and disposal
of human waste, which is rented by the owner thereof to a tenant,
for consideration, for a period in excess of 14 days per calendar
year. Residential rental units include, but are not limited to, single-family
dwellings used as residential rental units, two-family residential
rental units or duplexes, multifamily residential rental units (apartments),
boardinghouses, rooming houses, lodging houses, motels, hotels, and
tourist houses, as such terms are used and/or defined in the Southwestern
Berks County Zoning Ordinance.
Any qualified person appointed by the Township. A qualified
person shall, at minimum, possess a residential building inspection
certification from the Commonwealth of Pennsylvania.
Any ordinance or part of ordinance conflicting with this Part
is hereby repealed insofar as the prior ordinance conflicts with this
Part.
[Ord. 290, 4-19-2010, § 14]
In the event that any provision, section, clause or part of
this Part shall be held to be invalid, such invalidity shall not affect
or impair any remaining provision, section, sentence, clause or part
of this Part, it is the intent of the Township that such remainder
shall be and remain in force and effect.
[Ord. 290, 4-19-2010, § 15]
This Part shall take effect on the earliest date after enactment
permitted by law.
