[Adopted 7-14-2011 by Ord. No. 2011-03]
No person, firm or corporation shall operate a commercial or residential rental unit without first obtaining a license to do so from the Township, as provided hereafter.
A. 
For licensing purposes, the Code Enforcement Officer shall fully inspect each rental unit upon any change of occupancy, upon a property transfer, upon a complaint that a violation has occurred or where the Code Enforcement Officer has reasonable cause to believe that a violation is occurring. All other rental units that have not been inspected for the reasons set forth above shall be inspected and licensed at least once every five years. Unless sooner revoked for cause, the rental license shall remain in effect until such time as the next inspection occurs.
B. 
Prior to initial occupancy of newly constructed or newly created or substantially rehabilitated rental units, the owner, operator, responsible agent or manager of each rental unit shall register with and make written application to the Code Enforcement Officer for a rental license as herein provided. Such units will be exempt from further inspection, unless a complaint of violation has occurred or the Code Enforcement Officer has probable cause to believe that a violation has occurred, for a period of five years, unless inspected prior thereto by reason of reoccupancy or property transfer. Absent reoccupancy, property transfer or complaint of violation, it is the intent of this article to inspect all rental units at least once every five years. Initial inspections will occur in accordance with a phased-in systematic inspection program to be prepared and made available upon request by the Code Enforcement Officer. A minimum 60 days' written notice shall be given for all initial inspections. The penalty for not allowing an inspection shall be revocation of the rental registration or the rental license.
Applications for rental licenses shall be made, in writing, to the Township by the owner of the rental unit(s), or his/her agent, in a form supplied by the Township.
If the Code Enforcement Officer, upon completion of the inspection, finds that the applicable codes have not been met, a notice of violation shall be issued.
A. 
Notices of violation and the procedure for remedial action of said violations will be addressed as set forth in Article V, International Existing Building Code, of Chapter 112, Code Enforcement, of the Code of Ordinances of the Township of Upper Frederick, as amended.
B. 
If, after the expiration of the notice provision, or any extensions thereof, the second reinspection reveals that all violations have not been corrected, the rental registration or the rental license for the rental unit shall be revoked, and if the rental unit is vacant, it shall remain vacant.
C. 
A fee will be charged for the initial inspection and for each reinspection.
A rental license shall be issued if the rental unit meets the following conditions:
A. 
The Code Enforcement Officer finds that the rental unit is in compliance with all sections of the applicable codes that are deemed necessary by the Code Enforcement Officer and the Township Fire Marshal to make the dwelling or commercial unit acceptable for occupancy. A list of such requirements shall be maintained by the Code Enforcement Officer.
B. 
The owner, operator or manager provides the name of a responsible agent (if applicable).
C. 
The owner, operator, responsible agent or manager pays the license inspection and reinspection (if applicable) fee(s).
D. 
The uses of the property are in compliance with Chapter 285, Zoning, of the Code of Ordinances of the Township of Upper Frederick, as amended.
E. 
The owner, operator, responsible agent or manager has submitted a complete and accurate and annual occupant listing by rental unit.
A rental license shall be revoked if the owner or operator of a rental unit does not provide the name of a responsible agent (if applicable); does not correct Code violations found in response to a complaint within the time frame cited by the Code Enforcement Officer; changes the uses of the property so as to no longer be in compliance with Chapter 285, Zoning, of the Code of the Township of Upper Frederick, as amended; and does not submit a complete and accurate occupant listing by rental unit by April 15 of each year. If the rental license is revoked and the rental unit is vacant, it shall remain vacant.
A rental license shall be reinstated if the owner or operator of a rental unit corrects the reasons for the revocation of the rental license and has paid the license reinstatement fee.
A rental license shall not be transferred. In the case of licensed rental units that are sold or transferred, the new owner shall apply for a rental license for each rental unit and each rental unit inspected. Failure to seek a rental license for each rental unit within 60 days of the date of sale or transfer of ownership shall result in revocation of the rental license.
Any person aggrieved by any decision of the Code Enforcement Officer may appeal to the Code Hearing Board in accordance with Article I, Code Enforcement Procedures, of Chapter 112 of the Code of the Township of Upper Frederick, as amended.
A. 
Rental license and registration fees. All fees established in this article shall be set by resolution of the Board of Supervisors, from time to time.[1] The applicable types of fees are as follows:
(1) 
Registration: the fee for a rental registration as set forth and required by § 202-3.
(2) 
Licensing: the fee required for a rental license, which shall be payable per each rental unit.
(3) 
Reinspections: the fee for any subsequent inspection and all subsequent reinspections per rental unit.
(4) 
Reinstatement: the fee to reinstate a revoked rental registration or a rental license on a per-rental-unit basis.
[1]
Editor's Note: The current fee resolution is on file in the Township offices.
B. 
Penalties.
(1) 
Revocation of rental registration or rental license: a fine of not less than $600 per rental unit for each month the violation exists. Each month the violation exists constitutes a separate violation. A fine shall not be sought for any period during which the rental unit is vacant, and the owner, operator, responsible agent or manager is taking appropriate action to correct the violations.
(2) 
Failure to register or failure to seek a rental license. Failure to register or failure to seek a rental license (for newly constructed, newly created or substantially rehabilitated rental units):
(a) 
The owner, responsible agent or manager shall be sent a thirty-day notice of violation, warning him or her of his or her failure to comply with the terms of this article. If he or she does not comply at the end of 30 days, there shall be a fine of not less than $600 per rental unit for each month the violation exists. Each month the violation exists constitutes a separate violation.
(b) 
Whoever violates any provision of this article, or any section of this article, shall, upon a first offense, be fined not more than $1,000 or imprisonment not more than 90 days, or both.
(c) 
If, after any conviction for violation of this article, or any lawful order issued pursuant thereto, such person continues violation, then such person shall be liable for further prosecution, conviction and punishment without any necessity of the Code Enforcement Officer to issue a new notice of violation or order and until such violation has been corrected.
(d) 
In addition to prosecution of persons violating this article, the Code Enforcement Officer, or any duly authorized agent of the Township of Upper Frederick, may take such civil or equitable remedies in any court of record of the Commonwealth of Pennsylvania, against any person or property, real or personal, to effect the provisions of this article.