[Adopted 3-12-2008 by Ord. No. 2008-08 (Ch. 11, Part 1, of
the 1994 Code)]
This article shall be known and may be cited as the "Rental
Properties Maintenance and Housing Occupancy Ordinance of the Township
of Spring Garden."
A.
ACCESSORY STRUCTURE
APPROPRIATE AUTHORITY
APPROVED
ASHES
CENTRAL HEATING SYSTEM
CHIMNEY
CODES ENFORCEMENT OFFICER
DWELLING
DWELLING UNIT
EGRESS
EXTERMINATION
FAMILY
(1)
(2)
(3)
(4)
FLUSH WATER CLOSET
GARBAGE
GUEST
HABITABLE ROOM
HEATED WATER
INFESTATION
KITCHEN
LICENSE
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDINARY SUMMER CONDITIONS
ORDINARY WINTER CONDITIONS
OWNER
PERSON
PLUMBING
PREMISES
PROPERTY MAINTENANCE CODE
REFUSE
RENTAL PROPERTY
RENTAL PROPERTY AGENT
RESIDENT
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SAFETY
SPACE HEATER
SUPPLIED
TENANT
TOWNSHIP
ZONING ORDINANCE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
That person within the governmental structure of the corporate
unit charged with the administration of the appropriate ordinance.
Approved by the local or state authority having such administrative
authority.
The residue from the burning of combustible material.
A single system supplying heat to one or more dwelling unit(s)
or more than one rooming unit.
A vertical masonry shaft of reinforced concrete or other
approved noncombustible, heat-resisting material enclosing one or
more flues for the purpose of removing products of combustion from
solid, liquid or gas fuel.
The individual or entity authorized by the Spring Garden
Township Board of Commissioners to inspect properties and any other
duties set forth in this article.
Any enclosed space which is wholly or partly used or to be
used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating by human
occupants.
A going out; emergence; the right to go out; a way out; exit.
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 poisoning,
spraying, fumigating or trapping; or by any other recognized and legal
pest elimination methods approved by the local or state authority
having such administrative authority.
One or more persons related by blood, marriage or adoption,
including foster children, living together as a single housekeeping
unit and sharing all of the facilities of that unit in common.
Not more than three unrelated persons living together as a single
housekeeping unit and sharing all of the common facilities of that
unit. Also included are any persons related to either or both of them
by blood or adoption, including foster children or marriage.
[Amended 8-10-2011 by Ord. No. 2011-08]
A family may also include domestic servants and gratuitous guests
but not occupants of a club, fraternal lodging or rooming house.
Any number of unrelated persons who reside within a group home.
A toilet bowl flushed with water under pressure with a water-sealed
trap above floor level. Such toilet bowls shall have a smooth, easily
cleanable surface.
Animal and vegetable wastes resulting from handling, preparation,
cooking and consumption of food.
Any person who shares a dwelling unit in a nonpermanent status
for no more than 30 days.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding laundries,
furnace rooms, pantries and utility rooms of less than 50 square feet,
foyers or communicating corridors, stairways, storage spaces and workshops,
hobby and recreation areas in unsealed or uninsulated parts of a structure
below ground level or in attics.
Water heated to a temperature of not less than 110° F.
The presence within or around a dwelling of any insects,
rodents or other pests.
Any room containing any and all of the following equipment
or the area of a room within three feet of such equipment: sink and/or
other devices for dish washing; stove or other devices for cooking;
refrigerator or other devices for cool storage of food; cabinets and/or
shelves for storage of equipment and utensils; and counter or table
for food preparation.
The document issued by the Township demonstrating permission
to operate a rental property in the Township.
Any dwelling containing two or more dwelling units or rooming
units or two or more of any combination of dwelling and rooming units.
Any person living, sleeping, cooking or eating in or actually
having possession of a dwelling unit or a rooming unit; except that,
in dwelling units, a guest will not be considered an occupant.
Any person who has charge, care, control or management of
a building or part thereof in which dwelling units or rooming units
are let.
A temperature of 10° F. below the highest recorded temperature
in the locality for the prior ten-year period.
A temperature of 15° F. above the lowest recorded temperature
in the locality for the prior ten-year period.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; that is recorded in the
official records of the state, county or municipality as holding title
to or an interest in the property; or otherwise having control of
the property, including the guardian of the estate of any such person
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
Any individual, corporation, partnership or any other group
acting as a unit.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
incinerators, waste pipes, water closets, sinks, dishwashers, lavatories,
bathtubs, shower baths, shower stalls, clothes-washing machines, catch
basins, drains, vents and any other similar supplies and fixtures,
together with all connections to water, sewer or gas lines and water
pipes and lines, including those utilized in conjunction with air-conditioning
equipment.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
The ICC International Property Maintenance Code, 2006 Edition,
as adopted, amended and revised from time to time by the Township.
All subsequent editions of the Property Maintenance Code adopted by
the Township shall be included hereunder.[1]
All putrescible and nonputrescible solids (except body wastes),
including garbage, rubbish, ashes and dead animals.
Any dwelling, dwelling unit, rooming house or rooming unit
occupied by a tenant or tenants.
A person designated by the owner of a rental property to
be responsible for said rental property, as more fully set forth herein.
An individual who is domiciled in the Township of Spring
Garden or, in the case of a nonindividual, any entity with its principal
place of business and mailing address in the Township of Spring Garden.
A building containing a single owner-occupied dwelling unit
and guest rooms, where lodging is provided, with or without meals,
for compensation. Businesses commonly referred to as "bed-and-breakfast
inns" are included in this definition.
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
purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
The condition of being free from danger and hazard which
may cause accidents or disease.
A self-contained heating appliance of either the circulating
type or the radiant type and intended primarily to heat only one room.
Paid for, furnished by, or provided by or under control of
the owner or operator.
Any person other than the owner who occupies, resides in,
or is entitled to occupy or reside in any dwelling or dwelling unit
with the permission, express or implied, of the owner or operator
of such dwelling or dwelling unit, regardless of whether there is
any written or verbal lease therefor or no lease, and regardless of
whether such person pays rent or other compensation or consideration
to the owner or operator of such dwelling or dwelling unit for the
occupancy or right to occupy or reside in such dwelling or dwelling
unit.
Spring Garden Township, York County, Pennsylvania.
The Spring Garden Township Zoning Ordinance, as amended (Chapter 310).
B.
Word usage.
(1)
In this article, words used in the singular include the plural and
the plural includes the singular; the masculine gender includes the
feminine, and the feminine, the masculine.
(2)
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "rooming house," "rooming unit," "premises" or "structure"
are used in this article, they shall be construed as though they were
followed by the words "or any part thereof."
A.
No owner or other person shall occupy or let to another person any
rental property unless it and the premises are clean, sanitary, fit
for human occupancy and comply with all applicable legal requirements
of the Commonwealth of Pennsylvania and the Township.
B.
Every owner of a rental property containing two or more dwelling
units shall maintain in a clean and sanitary condition the shared
or public areas of the dwelling and premises thereof.
C.
Every occupant of a rental property shall maintain in a clean and
sanitary condition that part or those parts of the dwelling, dwelling
unit and premises thereof that he occupies and controls.
D.
Every occupant of a rental property shall store and dispose of all
rubbish in a clean, sanitary and safe manner.
E.
Every occupant of a rental property shall store and dispose of all
his garbage and any other organic waste which might provide food for
insects and/or rodents in a clean, sanitary and safe manner; and if
a container is used for storage pending collection, it shall be rodentproof,
insectproof and watertight.
F.
Every owner of a rental property containing three or more dwelling
units shall supply facilities or containers for the sanitary and safe
storage and/or disposal of rubbish and garbage. In the case of rental
property that is a single-family dwelling, it shall be the responsibility
of the occupant to furnish such facilities or containers.
G.
Every occupant of a rental property or of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for the
extermination of insects and rodents on the premises whenever such
occupant's dwelling unit is the only one infested. Notwithstanding
the foregoing provisions of this subsection, whenever infestation
is caused by failure of the owner to maintain a dwelling in a rodentproof
or reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units in any rental property or in the shared or public parts of any
rental property containing two or more dwelling units, extermination
thereof shall be the responsibility of the owner.
H.
Every owner of a rental property shall keep all plumbing fixtures
therein in operable condition.
I.
From October 1 until April 30, in every rental property when the
control of supplied heat is the responsibility of a person other than
the occupant, a temperature of at least 68° F. shall be maintained
in all habitable rooms, bathrooms and water closet compartments.
J.
Every owner of a rental property who resides more than 20 miles from
the Township municipal limits shall designate, in writing, to the
Township a rental property agent. The rental property agent shall
have the authority to act on behalf of the owner and shall accept
service for all notices to be provided hereunder. The use of the words
"owner" and "rental property agent" herein shall be interchangeable.
The rental property agent shall be liable for any violation of this
article and shall be subject to prosecution hereunder as if he were
the owner.
K.
Every owner of a rental property shall conspicuously display within
the rental property the current license.
L.
Each owner or other person shall occupy or let to another person
a dwelling unit so that it is occupied by a family as defined herein.
[Added 11-11-2015 by Ord. No. 2015-05]
No person shall occupy as owner or occupant or let to another
for occupancy any rental property for the purpose of living which
does not comply with the minimum standards set forth in the Property
Maintenance Code. Such minimum standards shall include but not be
limited to handrails and guardrails, light and ventilation, and thermal
and sanitary maintenance of structural elements.
No person shall occupy or let to be occupied any rental property for the purpose of living therein unless there is compliance with the space, use and location requirements set forth in the Township's Zoning Ordinance (Chapter 310).
No person shall operate a rooming house or shall occupy or let
to another for occupancy any rooming unit in any rooming house which
is not in compliance with the provisions of this article. No owner
or other person shall occupy or let to another person any rooming
unit unless it is clean and sanitary and complies with all applicable
requirements of the Township, including the following:
A.
No person shall operate a rooming house unless he holds a valid occupancy
permit issued by the appropriate authority in the name of the operator
and for the specific dwelling or dwelling unit. The operator shall
apply to the appropriate authority upon compliance by the operator
with the applicable provisions of this article and of any rules and
regulations adopted pursuant thereto. The permit shall not be transferable.
B.
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the Codes
Enforcement Officer and in good working condition, shall be supplied
for each six persons or fraction thereof residing within a rooming
house, including members of the operator's family wherever they
share the use of said facilities.
A.
The Codes Enforcement Officer is hereby authorized and directed to
inspect and license all rental property subject to the provisions
of this article.
B.
The Codes Enforcement Officer shall inspect each rental property
in the Township to determine compliance with this article once every
two years pursuant to a reasonable schedule to be established by such
officer or in response to a complaint that an alleged violation of
the provisions of this article or of applicable rules or regulations
pursuant thereto has been committed or when the Codes Enforcement
Officer has valid reason to believe that a violation of this article
or any rules and regulations pursuant thereto has been committed.
C.
The Codes Enforcement Officer is authorized and directed to make
inspections at any reasonable hour to determine compliance with this
article. For this purpose, the Codes Enforcement Officer is authorized
to enter and examine any rental property yard or part or either, and
every owner, operator, occupant or agent shall give the Codes Enforcement
Officer free access to it. Inspection may be postponed and/or rescheduled
due to illness or other emergency or unforeseen circumstance.
D.
The Codes Enforcement Officer is hereby authorized to inspect the
premises surrounding any rental property subject to this article for
the purpose of determining whether there is compliance with its provisions.
E.
The Codes Enforcement Officer and the owner or occupant or other
person in charge of a rental property subject to this article may
agree to an inspection by appointment at a time other than the hours
provided by this article. The owner, agent or person in charge must
be present at all times during the inspection.
F.
The owner or occupant or other person in charge of a rental property,
upon presentation by the Codes Enforcement Officer of proper identification,
shall give the Codes Enforcement Officer entry and free access to
every part of the rental property or to the surrounding premises.
G.
If any owner or occupant or other person in charge of a rental property
subject to the provisions of this article refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to every
part of the structure or premises where inspection authorized by this
article is sought, the Township may seek, in a court of competent
jurisdiction, an order that such person in charge cease and desist
with such interference. Such person may also be liable for such fines
and criminal penalties as set forth in other sections of this article.
H.
The Codes Enforcement Officer and the Township shall have the authority
to institute any action permitted by law to enforce the provisions
of this article.
I.
Any inspection scheduled pursuant to any provision of this article
may be canceled one time by contacting the Township office during
normal business hours at least 48 hours in advance of the scheduled
inspection. Failure to comply with these procedures for canceling
or canceling the inspection more than one time will result in the
imposition of a cancellation fee.
Every person owning a rental property shall give notice, in
writing, to the Codes Enforcement Officer within 24 hours after having
transferred or otherwise disposed of the legal control of any rental
property. Such notice shall include the name and address of the person
or persons succeeding to the ownership or control of such rental property.
Every owner or other person in charge of a rental property shall
keep or cause to be kept records of all requests for repairs and complaints
by tenants which are related to the provisions of this article and
to any applicable rules and regulations and of all corrections made
in response to such requests and complaints. Such records shall be
made available by the owner or other person in charge to the Codes
Enforcement Officer for inspection and copying upon demand. Such records
shall be admissible in any administrative or judicial proceedings
pursuant to the provisions of this article as prima facie evidence
of the violation or the correction of violations of this article or
applicable rules and regulations pursuant thereto.
Whenever, upon inspection of the rental property or of the records
required to be kept by this article, the Codes Enforcement Officer
finds that conditions or practices exist which are in violation of
the provisions of this article or of any applicable rules and regulations
pursuant thereto, the Codes Enforcement Officer or the Township shall
serve the owner or other person in charge with notice of such violation
in a manner hereinafter provided. Such notice shall state that, unless
the violations cited are corrected within the time provided, the owner
shall be subject to the penalties provided by this article.
A.
Every person proposing to operate a rental property approved by the
Township for such purpose shall be required to license said rental
property prior to any tenant occupying said rental property. All rental
properties legally in existence on the effective date of this article
shall have 180 days to obtain a license for said rental property.
Thereafter, the continued operation of a rental property without a
license shall be considered a violation of this article.
B.
No license shall be issued by the Township until all Township taxes,
permit fees, inspection fees, sewer fees, refuse fees and any other
municipal claims are paid in full and are current with no delinquency.
C.
The issuance of a license shall not be considered a representation
or warranty that the rental property is in compliance with all Township
codes, ordinances, rules and regulations.
The Township Board of Commissioners may adopt such rules and
regulations and revisions and amendments thereto as are deemed appropriate
for giving effect to the purpose of this article.
A.
Whenever the Codes Enforcement Officer determines that a rental property
or the surrounding premises fails to meet the requirements set forth
in this article or in applicable rules and regulations issued pursuant
hereto, the Codes Enforcement Officer or other Township designee shall
issue a notice setting forth the alleged failures and advising the
owner or occupant or other person in charge that such failures must
be corrected. This notice shall:
(1)
Be in writing.
(2)
Set forth the alleged violations of this article or of applicable
rules and regulations issued pursuant thereto.
(3)
Describe the rental property or dwelling, dwelling unit, rooming
unit or premises where the violation is alleged to exist or to have
been committed.
(4)
Provide a reasonable time for the correction of any violation alleged.
The time for compliance shall take into consideration the seriousness
of the violation and the climatic conditions. The Codes Enforcement
Officer or other Township designee may, in his or her sole and absolute
discretion, give one additional extension of time, provided that the
owner is exercising due diligence and the inability to make the correction
is through no fault of the owner.
(5)
Be served upon the owner or occupant or other person in charge of
the rental property or dwelling, dwelling unit, rooming unit or premises
personally or by mail addressed to the last known place of residence
of the owner or occupant or other person in charge. If one or more
persons to whom such notice is addressed cannot be found after diligent
effort to do so, service may be made upon such persons by posting
a notice in or about the dwelling, dwelling unit, rooming unit or
premises described in the notice or by causing such notice to be published
in a newspaper of general circulation.
(6)
Be served upon the rental property agent for the receipt of such
service of notice designated pursuant to this article.
B.
The owner of every rental property must file with the Township office
each year between January 1 and January 31 an application for an annual
license. All owners or rental property agents must comply with the
application requirements and provide the names of the occupants, roomers
or persons living within a rental property and provide the names and
addresses of the owner and/or rental property agent along with other
needed information.
C.
At the end of the period of time allowed for the correction of any
violation alleged, the Codes Enforcement Officer shall reinspect the
rental property described in the notice. Failure to have all violations
corrected shall result in the revocation of any license and/or the
determination that the owner is operating a rental property without
a license and in violation of this article.
All fees and charges for licensing and inspection due and unpaid
under this article shall be recovered by the Township as other debts
due the Township are now by law recovered and shall constitute a municipal
claim.
Any owner or occupant or other person in charge of a rental
property who has received notice of a violation of this article and
fails to take the necessary corrective action shall, upon conviction
thereof, be sentenced to pay a fine of not less than $50 nor more
than $1,000 together with the costs of prosecution and, in default
thereof, be sentenced to imprisonment in the York County Prison for
a period of not more than 30 days. Each day of continued violation
shall constitute a separate offense.
Any person aggrieved by a determination that a rental property
violates the Property Maintenance Code as applied hereunder may appeal
the determination to the Building Appeals Board, as defined and provided
for in the Property Maintenance Code.
A.
A licensing and inspection fee shall be imposed and shall be paid
in advance at the time application therefor is made to the Township.
An additional inspection fee for any subsequent inspection for the
same rental property, as a follow up or other continuation of the
initial inspection, shall be imposed. The inspection and licensing
fees shall be established by the Township Board of Commissioners from
time to time by resolution.
B.
A cancellation fee is hereby imposed in and for the following occurrences:
canceling any inspection more than one time where such inspection
has been scheduled in accordance with this article and canceling any
scheduled inspection without following the procedures set forth in
this article. Cancellation fees shall be established by the Township
Board of Commissioners from time to time by resolution.
A.
Prior to renting to a new tenant, the owner shall contact the Codes
Enforcement Officer and make satisfactory arrangements to have an
inspection when the rental property or applicable dwelling unit or
housing unit is vacant and prior to the occupancy of the rental property
by the new tenant. Failure by the owner to do so shall constitute
a violation of this article. Each and every day that a violation continues
shall constitute a separate violation of this article, subject to
the fines and penalties set forth in this article.
B.
Nothing in this article shall be construed to prevent the Codes Enforcement
Officer from inspecting any rental property at any time upon complaint
and by invitation by the tenant or tenant's authorized agent.
In any case where a provision of this article is found to be
in conflict with a provision of any zoning, building, firesafety or
health ordinance or code of the Township existing on the effective
date of this article, the provision which establishes a higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this article is found
to be in conflict with provision of any other ordinance or code of
the Township existing on the effective date of this article which
establishes a lower standard for the promotion and protection of the
health and safety of the people, the provisions of this article shall
prevail, and such other ordinances or codes are hereby declared repealed
to the extent that they may be found in conflict with this article.
