[Ord. 2-2013, 6/19/2013]
This Part shall be known as the "Conshohocken residential rental
license permit Ordinance."
[Ord. 2-2013, 6/19/2013]
The following definitions shall apply to this Part:
The Borough of Conshohocken, Montgomery County, Pennsylvania.
The Commonwealth of Pennsylvania.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces, and similar areas shall not be considered to be habitable
spaces.
A person which leases as lessor to a tenant any rental property,
the use or occupancy of which continues for a period in excess of
30 days, and/or a person appointed to act as a resident agent under
this Part.
Any individual, partnership, association, firm, limited liability
company or corporation.
Any dwelling, including but not limited to a house, townhouse,
row house, duplex, twin, apartment, condominium, rooming house or
mobile home, and any building containing any such units, from which
the owner derives income or any other consideration from persons residing
at such dwelling, as evidenced by a written or oral contract, lease,
sublease or agreement, but not including any hotel, motel, bed-and-breakfast,
or any other business licensed to provide transient lodging to overnight
guests.
A person residing in the Commonwealth and within a twelve-mile
radius of the Borough appointed by the landlord pursuant to this Part.
A resident agent may also be a tenant.
A person who has the use or occupancy of a rental property
for a period exceeding 30 days, regardless of the payment of monetary
consideration associated with the use or occupancy of the rental property.
[Ord. 2-2013, 6/19/2013]
1.
All owners of rental properties in the Borough of Conshohocken shall
make application to the Borough Code Enforcement Department, on or
before April 15 of each calendar year, for the issuance of a residential
rental license permit under this Part. A separate application shall
be required for each rental property under this Part.
2.
At the time of application, the owner shall provide the Code Enforcement
Department a list of tenants proposed to reside in the rental property
for the calendar year. The tenant list shall include all of the following:
the full legal name of all tenants; the current address of the tenants
and/or emergency contact information for each tenant; and a completed
Borough earned income tax form or an affidavit attesting to the fact
that the tenant is not employed.
3.
The tenant list shall be updated any time that a change of tenant
occurs during the term of the residential rental license permit. Failure
to update the tenant list shall constitute a violation of this Part.
4.
Every application shall be accompanied by a copy of the lease for
the subject rental property or properties, the tenant list required
under this Part, a plan depicting the floor plan of the rental property
(if required by the Code Enforcement Department), a copy of any residential
rental license permit issued for the rental property by the Borough
of Conshohocken, the name and contact information of the designated
resident agent required under this Part, and the permit fee required
for the residential rental license permit, as fixed by Borough Council
from time to time by resolution.[1]
[1]
Editor's Note: The current Fee Resolution is on file
in the Borough offices.
[Ord. 2-2013, 6/19/2013]
1.
Upon every first application for a residential rental license permit
under this Part, the Code Enforcement Department shall perform an
inspection of the rental property subject to the application to ensure
that the rental property meets all of the requirements of the Code
of the Borough of Conshohocken, including, but not limited to, the
International Property Maintenance Code, the Uniform Construction
Code, the Conshohocken Fire Code, the Zoning Ordinance, the Subdivision
and Land Development Ordinance,[1] the terms and conditions of this Part, and any and all
other applicable provisions of the Code of the Borough of Conshohocken
or the laws of the Commonwealth.
2.
Any rental property proposed to be issued a residential rental license
permit under this Part, in addition to any other relevant requirements,
must demonstrate compliance with the following standards:
A.
Each dwelling unit must have at least one habitable room not less
than 120 square feet.
B.
All spaces, other than kitchens, must contain a minimum of 70 square
feet to be considered habitable spaces.
C.
Bedrooms must contain a minimum of 70 square feet, plus an additional
50 square feet for each additional person occupying the same room.
D.
No basement space may be considered habitable unless it meets the
requirements for secondary means of egress/escape as defined by the
applicable Borough Building or Property Maintenance Code.
3.
The Code Enforcement Department shall schedule inspections of rental
properties under this Part with a minimum of 10 days' advance
notice. Nothing in this Part shall be deemed to limit or restrict
the ability of the Borough to conduct inspections of any residential
rental property as deemed necessary to enforce any portion or part
of the Code of the Borough of Conshohocken or the laws of the Commonwealth.
The applicant is responsible for the payment of any and all costs
of the inspection, as fixed from time to time by resolution of the
Borough Council.
4.
To the greatest extent practical, the Code Enforcement Department
shall stagger the term of the residential rental license permits under
this Part, in order to permit the inspection of rental properties
throughout the calendar year.
5.
Upon successful completion of all requirements of this Part, the
Code Enforcement Department may issue an appropriate residential rental
license permit. Rental properties which fail to meet the requirements
of this Part shall not qualify for issuance of a rental license permit,
unless the rental property is brought into compliance with this Part.
A reinspection fee shall be paid by any owner seeking a second or
subsequent inspection under an application for an annual residential
rental license permit prior to the Code Enforcement Department conducting
such inspection. Reinspection fees shall be as fixed from time to
time by resolution of the Borough Council.
6.
Residential rental license permits issued under this Part shall be
valid for a period of one year and may be renewed upon application.
All properties seeking renewal of a residential rental license permit
must comply with all terms and conditions of this Part.
7.
Beginning in 2014, and continuing thereafter, properties subject
to a residential rental license permit under this Part shall be inspected
as provided herein every two years. The Code Department shall have
discretion to schedule inspections of licensed properties consistent
with this Part. Failure to comply with a notice from the Code Department
regarding the scheduling or conduct of a mandatory biannual inspection
under this Part may result in suspension and/or revocation of any
residential rental license permit under this Part. Inspections under
this subsection shall be subject to such fees and charges as set by
the Borough for inspections and/or reinspections, as applicable.
8.
Residential rental license permits under this Part shall not be subject
to transfer or assignment.
[Ord. 2-2013, 6/19/2013]
1.
Residential rental license permits shall be issued in accordance
with the following classification of permits:
|
Class 1
|
Single-family dwellings occupied by a single family
| |
|
Class 2
|
Single-family dwellings occupied by other than a single family
(less than 1,000 square feet of habitable space)
| |
|
Class 3
|
Single-family dwellings occupied by other than a single family
(greater than 1,000 square feet of habitable space)
| |
|
Class 4
|
Multiunit rental properties containing four or fewer dwelling
units
| |
|
Class 5
|
Multiunit rental properties containing five or more dwelling
units
| |
|
Class 6
|
Rooming houses
|
2.
The Code Enforcement Department shall determine the habitable space
attributable to any residential rental property under this Part. The
determination of the Code Enforcement Department shall be final and
binding.
[Ord. 2-2013, 6/19/2013]
Any landlord who is an individual and does not reside within
the Commonwealth or within a twelve-mile radius of the Borough, and
any landlord which is other than an individual and has no office within
the Commonwealth or within a twelve-mile radius of the Borough, shall
appoint a resident agent to act as a representative of the landlord
for purposes of compliance with the requirements of this Part. Any
person designated as a resident agent must maintain a residence or
office within a twelve-mile radius of the Borough. A resident agent
may also be a tenant. Resident agents shall be responsible to ensure
that a landlord's property meets all requirements of this Part,
the Code of the Borough of Conshohocken, including the property maintenance,
grass, garbage collection, recycling, snow and ice and other provisions,
and shall, in addition to the landlord, be subject to any and all
relevant enforcement and penalty provisions associated therewith.
[Ord. 2-2013, 6/19/2013]
As a condition of any residential rental license permit issued
pursuant to this Part, each landlord shall be responsible to ensure
that a property which is subject to a residential rental license permit
meets all requirements of this Part, the Code of the Borough of Conshohocken,
including the property maintenance, grass, garbage collection, recycling,
snow and ice and other provisions, and shall be subject to any and
all relevant enforcement and penalty provisions associated therewith.
[Ord. 2-2013, 6/19/2013]
1.
Any landlord who violates any term, condition or provision of this
Part, in addition to the penalties set forth hereunder, shall be subject
to revocation of any residential rental license permit issued under
this Part.
2.
Any rental property licensed under this Part that is determined to
be a nuisance shall be subject to revocation. A nuisance property
shall be any property which is in violation of the Borough property
maintenance requirements by being in a substantial state of uncleanliness,
disorder or disrepair; any property substantially damaged by fire,
flood or other natural disaster; any property determined to be uninhabitable
by the Code Enforcement Officer; or any property which is occupied
by any tenant who has engaged in any or all of the following conduct:
A.
Drug possession, sale, or use.
B.
Underage consumption and/or possession of alcohol.
C.
Illegal possession or discharge of firearms.
D.
Possession or use of fireworks or other incendiary or noisemaking
devices.
E.
Possession of noxious chemicals or materials
F.
Untimely or excessive noise or disruptive conduct, including but
not limited to noise or disturbance caused by voices, radios, stereos,
televisions, tools, machinery, equipment, motorized vehicles or animals.
3.
The determination to revoke a residential rental license permit under
this Part shall be made by the Borough Manager. Written notice of
revocation of a permit issued under this Part shall be given to the
permit holder or resident agent not less than 15 days prior to the
proposed effective date of the revocation. A permit holder may request
a hearing before a hearing officer prior to revocation; provided,
however, that such hearing request must be made not less than five
days prior to the effective date of the revocation. Thereafter, the
hearing officer shall schedule a hearing at a date and time convenient
to the permit holder and the Borough, but not later than 30 days from
the date the request for a hearing is received. All proceedings before
the hearing officer shall be in accordance with the Local Agency Law,
including those provisions pertaining to appeals to the Court of Common
Pleas.
4.
Any property which has been subject to revocation of a residential
rental license permit under this Part shall not be eligible for a
new or renewal residential rental license permit for a period not
less than three years. Further, any landlord who has been subject
to revocation of a residential rental license permit under this Part
shall be deemed ineligible to hold (individually or as a member, shareholder,
officer, director or partner in any limited liability company, corporation,
partnership, limited partnership, limited liability partnership or
any other entity) a residential rental license permit for any new
or additional rental property for a period not less than three years.
Any entity, as herein described, which is associated in any manner
with a landlord who has been subject to a revocation under this Part
shall be deemed ineligible during any such period of association.
[Ord. 2-2013, 6/19/2013]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$300 nor more than $1,000, plus costs, and in default of payment thereof,
to be subject to a term of imprisonment not to exceed 30 days. Each
day that a violation continues shall constitute a separate offense
under this Part.
[Ord. 2-2013, 6/19/2013]
Any and all other ordinances or parts of ordinances in conflict with the terms, conditions and provisions of this Part are hereby repealed, to the extent of such conflict. In particular, the terms of Chapter 11, Part 2, of the Code of the Borough of Conshohocken are hereby repealed in their entirety and replaced by the terms and conditions of this Part. The terms of Chapter 13, Part 11, of the Code of the Borough of Conshohocken are hereby repealed in their entirety.
