[Ord. 391, 12/29/1972, § 1]
The owner of any apartment house or rental unit located in West
Norriton Township, or the authorized representative of such owner,
shall submit to the Secretary of the Township a list of the occupants,
consisting of the names and apartment designations, of all persons
18 years of age and older residing in said apartment house or rental
unit and who are not transient occupants. Said list shall be submitted
within 60 days from the effective date of this Part 1 and shall be
updated quarterly thereafter, every January 1, April 1, July 1, and
October 1.
[Ord. 391, 12/29/1972, § 2; as amended by Ord.
524, 12/31/1991]
Any person, firm, corporation, partnership, or association violating
any of the provisions of this Part 1 shall forfeit and pay a fine
or penalty of not more than $600 to West Norriton Township, the same
to be collected by a proceeding before a District Justice having jurisdiction
in the Township, or recovered as debts of like amount are now, by
law, recoverable, and in default of the payment of such fine and costs,
shall be liable to imprisonment for not more than 30 days in the Montgomery
County Prison. Whenever a violator has been notified by any of the
duly authorized and constituted representatives of the Township, or
by service of summons or prosecution, or in any other way, that such
violator has committed a violation, each day that the violator shall
continue in such violation shall constitute a separate offense punishable
by a like fine or penalty.
[Ord. 2013-675, 9/10/2013]
The purpose of this Part and the policy of West Norriton Township
shall be to protect and promote the public health, safety and welfare
of its citizens, to establish rights and obligations of owners and
occupants relating to residential rental units in the Township and
to encourage owners and occupants to maintain and improve the quality
of life and quality of rental housing within the community. As a means
to these ends, this Part provides for a systematic inspection program,
registration and licensing of residential rental units and enforcement
provisions.
[Ord. 2013-675, 9/10/2013]
As used in this Part, the following terms shall have the meanings
indicated:
Charges imposed against the residential rental property related
to health and safety services performed by the municipality, including,
but not limited to, grass and weed cutting, snow and ice removal,
trash and debris removal, and the securing of structures.
Any person designated by the owner who has charge, care or
control of a residential rental property.
Any state or local code or ordinance adopted, enacted or in effect in and for West Norriton Township, including, but not limited to, the BOCA National Building Code, the BOCA Plumbing Code, the BOCA Mechanical Code, the National Electrical Code, the BOCA Fire Prevention Code, the BOCA Property Maintenance Code, and the West Norriton Township Zoning Ordinance [Chapter 27], and/or other future national or international codes and/or Zoning Ordinance amendments that may be subsequently adopted.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
A document issued by the Code Enforcement Office, on an annual
basis, to the owner or agent of a residential rental unit upon compliance
with all applicable codes, granting permission to operate a residential
rental unit in West Norriton Township. Such license is required for
lawful rental to third parties and occupancy by third parties of any
rental units under this Part, unless the residential rental unit is
exempt from the license provisions of this Part.
Any parcel of real estate, identified by a tax parcel number,
containing at least one residential rental unit.
The document issued by the Code Enforcement Department of
West Norriton Township to the owner of a parcel of land containing
at least one residential rental property evidencing the existence
of said residential rental unit(s). This registration shall be required
until the Code Enforcement Officer inspects the unit and issues a
residential rental license for each residential rental unit. A residential
rental registration shall continue to be required for lawful rental
and occupancy of residential rental units under this Part, unless
a Code Enforcement Officer has inspected the building containing at
least one residential rental property and has issued a residential
rental license(s) or the residential rental unit is exempt from the
registration provisions of this Part. This registration does not warrant
the proper zoning, habitability, safety or condition of the residential
rental unit in any way.
A rooming unit or dwelling unit let for rent, or another-than-owner-occupied
residential unit, which qualifies as a dwelling unit under all applicable
Township ordinances. A residential rental unit shall not include a
hotel or hospital unit. A residential rental unit includes dwelling
units under lease-purchase agreements or long-term (greater than 6
months) agreements of sale.
[Ord. 2013-675, 9/10/2013]
The owner(s) of each residential rental property shall register
the rental property with the Township. Rental registration fees for
properties shall be established by the Board of Commissioners, from
time to time, by resolution. For newly constructed residential rental
units, a complete registration form shall be submitted, and complete
registration shall occur prior to any occupancy. For residential rental
units existing as of the date of enactment of this Part 2, a complete
registration form shall be submitted by January 31 of each year.
[Ord. 2013-675, 9/10/2013]
Registration forms shall be available at the Township offices.
Information required to be submitted shall include, but not be limited
to, the following:
A.
Name, address and telephone number of the property owner.
B.
Address and location of the residential rental unit or units.
C.
Name, address and telephone number of the rental agent (if applicable).
D.
Number of residential rental units located in the residential rental
property.
E.
Identification and description of each residential rental unit.
F.
Additional information deemed necessary by the Code Enforcement Officer
to administer the registration process.
[Ord. 2013-675, 9/10/2013]
1.
Registration shall be deemed complete when the owner or agent has submitted the information required in § 11-204 above to the Township; thereafter, a certification of registration shall be issued by the Township evidencing registration of all residential rental units contained in the residential rental property.
2.
Once a residential rental property is registered with the Township,
subsequent registration is required when there is a change in the
number of residential rental units within a residential rental property.
[Ord. 2013-675, 9/10/2013; as amended by Ord. 2017-710, 6/13/2017]
1.
A residential rental license shall be required for each residential
rental unit annually. Applications shall be filed on forms available
at the Township offices on or before January 31 of each year. An application
shall also be filed and a license shall be required prior to a change
in occupancy of the residential rental unit or prior to initial occupancy
of a newly constructed or substantially rehabilitated residential
rental unit.
2.
Prior to a change in occupancy of a residential rental unit, the
Code Enforcement Officer shall fully inspect that residential rental
unit.
3.
Rental license fees and associated inspection fees shall be established
by the Board of Commissioners, from time to time, by resolution.
[Ord. 2013-675, 9/10/2013]
A residential rental license shall be issued and the residential
rental unit may be occupied if the following conditions are met:
A.
The Code Enforcement Officer finds that the residential rental unit
is in compliance with the applicable codes.
B.
The owner or agent pays the rental license and inspection (if applicable)
fee(s).
C.
The owner or agent is current on sewer fees, real estate taxes, and
any and all abatement charges or other municipal fees for the residential
rental unit.
D.
The uses of the property are in compliance with the Zoning Ordinance [Chapter 27] of West Norristown Township.
E.
The owner or agent has submitted a complete and accurate tenancy
report for each residential rental unit.
F.
The owner or agent has paid in full any fines and costs arising from
enforcement of this Part or any of the ordinances of West Norriton
Township relating to use or occupancy of the residential rental unit.
[Ord. 2013-675, 9/10/2013]
1.
A residential rental license may be revoked if the owner or agent of a residential rental unit does not correct code violations found by the Code Enforcement Officer; is not current on sewer fees, real estate taxes, abatement charges and/or other municipal fees for the residential rental unit; changes the use of the property so as to no longer be in compliance with the Zoning Ordinance [Chapter 27] of West Norriton Township; or does not submit a complete and accurate occupant listing by residential rental unit by January 31 of each year, whenever appropriate.
2.
If the residential rental license is revoked and the residential
rental unit is vacant, it shall remain vacant until a residential
rental license is issued for it. If the residential rental license
is revoked and the residential rental unit is occupied, the unit shall
be vacated within 30 days, and it shall remain vacant until a residential
rental license is issued for it.
[Ord. 2013-675, 9/10/2013]
A residential rental license shall be reinstated if the owner
or agent of a residential rental unit corrects all the reasons for
the revocation of the residential rental license, has paid the license
reinstatement fee, and has provided to the Township a security deposit
in the amount of $500 to be held by the Township for the following
twelve-month period, to ensure compliance with all Township ordinances
and to further ensure timely payment of all sewer fees, real estate
taxes and abatement charges. At the conclusion of the twelve-month
period, if the owner or agent of the residential rental unit is in
compliance with all Township ordinances and has paid timely all sewer
fees, real estate taxes and abatement charges, the security deposit
shall be refunded to the owner.
[Ord. 2013-675, 9/10/2013]
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall apply for a residential rental license for each
such residential rental unit, and each such residential rental unit
shall be subject to inspection. Failure to seek a residential rental
license for each residential rental unit within 60 days of the date
of sale or transfer of ownership shall result in revocation of the
residential rental license.
[Ord. 2013-675, 9/10/2013]
Property Condition Appeals. Any person aggrieved by any decision
of the Code Enforcement Officer may appeal to the Code Hearing Board.
[Ord. 2013-675, 9/10/2013]
The registration and licensing provisions of this Part shall not apply to hospitals, nursing homes, group homes or other rental units used for human habitation which offer or provide licensed medical or nursing services and wherein all operations of such facilities are subject to county, state or federal licensing or regulations concerning the health and safety of the users, patients or tenants. The registration and licensing provisions of this Part also shall not apply to hotel units, as defined previously, or dormitories, fraternity houses and sorority houses, as defined in the Township's Zoning Ordinance [Chapter 27].
[Ord. 2013-675, 9/10/2013]
The owner or agent of any residential rental property shall
permit inspections thereof by the Code Enforcement Officer at reasonable
times upon reasonable notice. If the owner or agent does not permit
such inspection by the Code Enforcement Officer, the Township may
seek any appropriate legal or equitable relief to compel access to
such property for such inspection.
[Ord. 2013-675, 9/10/2013]
1.
It shall be the duty of every owner or agent of a residential rental
unit to keep and maintain such unit in compliance with all applicable
codes and provisions of all applicable state laws and regulations
and local ordinances and to keep such property in good and safe condition.
2.
Upon receiving notice of any code violations from the Code Enforcement
Officer, the owner or agent shall promptly take action, or cause the
necessary action to be taken, to abate the offending condition and
eliminate the violation.
3.
It shall be unlawful for any person, as owner or agent, to conduct
or operate or cause to rent any residential rental unit within West
Norriton Township without having a residential rental registration
and residential rental license applicable thereto.
4.
Every owner or agent shall display the residential rental license
in each residential rental unit. The residential rental license shall
include the following information:
A.
The name, mailing address and telephone number of the owner or agent.
B.
The evenings and hours on which garbage and recycling are to be placed
curbside for collection.
C.
The telephone number to call to register complaints regarding the
physical condition of the residential rental unit.
D.
The telephone number for emergency police, fire and medical services.
E.
The date of expiration of the residential rental license.
[Ord. 2013-675, 9/10/2013]
1.
Should any owner or agent of any residential rental unit violate any provisions of this Part 2, the Township shall issue to such owner or agent a notice of violation, which shall specify the nature of the violation and shall set forth the date and time by which the violation must be corrected. If such person or entity does not abate the violation by the date and time so specified, such person or entity shall be subject to the penalties set forth in Subsection 2 hereof.
2.
Should the owner or agent of any residential rental unit which is the subject of a notice of violation issued pursuant to Subsection 1 hereinabove fail to abate the violation described therein by the date therein set forth, said failure shall be subject to payment of a fine or penalty of not more than $1,000, the same to be collected by a proceeding before a Magisterial District Judge having jurisdiction in the Township, or recovered as debts of like amount are now, by law, recoverable, and in default of the payment of any such fine and costs, shall be liable to imprisonment for not more than 30 days in the Montgomery County Prison. Each week said violation continues shall constitute a separate violation.
