[Ord. 1820, 8/19/1991, § 1]
This Part is enacted to provide for the uniform and equitable
distribution of the tax levies in the Township and upon the inhabitants
thereof and to promote the health, safety, morals and general welfare
of the inhabitants of the Township.
[Ord. 1820, 8/19/1991, § 2; as amended by Ord.
1865, 2/24/1997, § 3]
The Board of Commissioners finds that registration of tenants
and other nonowner occupants of real estate is necessary in order
to have accurate records of the numbers and identities of Township
residents for purposes of taxation, zoning, recycling, fire prevention,
and other efforts in furtherance of the public health, safety and
welfare. The Board also finds that the Township has experienced more
problems with the maintenance of nonowner occupied properties than
with owner occupied properties and that pre-occupancy inspection for
dangerous conditions promotes the health, safety and welfare of occupants
of rental units by reducing the possibility of such occupants being
exposed to dangerous conditions.
[Ord. 1820, 8/19/1991, § 3]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context.
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons and occupied
by the family or person for more than 30 days.
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Township, or a lessor or
person who acts as agent for the lessor, of any improvements on real
estate or any building located in the Township, or an owner or person
in charge of any parcel of real estate on which dwelling units are
occupied by persons other than the owners or the owners' relatives
including, but not limited to, group homes, community living arrangements,
boarding houses, personal care homes, domiciliary lands and long-term
care facilities.
Any individual, partnership, association, firm or corporation.
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the owner or the owner's
relatives, including, but not limited to, units in single-family houses,
two-family houses, multiple-family dwellings, multiple-family houses,
apartment houses, row houses, townhouses, and other buildings of similar
character, and also including group homes, community living arrangements,
boardinghouses, domiciliary homes, long-term care facilities or personal
care homes.
[Added by Ord. 1954, 9/26/2011]
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself, for a period exceeding 30 days.
[Amended by Ord. 1954, 9/26/2011]
[Ord. 1820, 8/19/1991, § 4; as amended by Ord.
1865, 2/24/1997, § 1]
Within 60 days from the effective date of of this Part, each
landowner shall submit to the Township Ordinance Enforcement Officer
a completed and signed report form supplied by the Township Ordinance
Enforcement Officer which includes at least the following information:
A.
List of the dwelling units and business units owned by the landowner,
located within the Township limits, whether occupied or not occupied.
B.
Address of each dwelling unit and business unit.
C.
Brief description of each dwelling unit or business unit.
D.
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants or occupants.
E.
Names of the tenants or occupants occupying the aforementioned dwelling
unit or business unit, if any, and the age, occupation and employer
of each such tenant or occupant.
F.
Description of the number of operational smoke detection devices
in the dwelling or business unit and where they are located.
[Ord. 1820, 8/19/1991, § 5; as amended by Ord.
1865, 2/24/1997, § 1]
After the effective date of this Part, any person who becomes
a landowner of any parcel of real estate or any improvement on real
estate or building located in the Township by agreement of sale, by
deed, or by any other means, shall within 14 days thereafter, report
to the Township Ordinance Enforcement Officer the information and
data set forth in § 104, above, and on forms to be provided
by the Township Ordinance Enforcement Officer.
[Ord. 1820, 8/19/1991, § 6; as amended by Ord.
1865, 2/24/1997, § 1]
After the effective date of this Part, each and every landowner
of property within the Township shall report to the Township Ordinance
Enforcement Officer on a report form to be supplied by the Township
Ordinance Enforcement Officer, any change in the use or occupancy
of any dwelling unit or business unit owned by such landowner. The
reported change shall include the information described in § 104,
above, the date when such change was effected, and the forwarding
address of the old tenants or occupants if known. A landowner of a
hotel or motel shall not be required to report a person as a "tenant"
until that person has resided in such landowner's establishment
for a period exceeding 30 days. In the event that a dwelling unit
or business unit was used by a tenant or occupant and then becomes
vacant, this change shall also be reported to the Township Ordinance
Enforcement Officer. All reports required by this Section shall be
made within 14 days after a landowner has knowledge that such a unit
has had a change in occupancy or has become vacant.
[Ord. 1820, 8/19/1991, § 7; as amended by Ord.
1865, 2/24/1997, § 1]
The Township Ordinance Enforcement Officer, under the authority
of this Part, shall:
A.
Maintain on file at the Township office, the names of the landowners
owning dwelling units and business units in the Township, said list
to include the names of and pertinent information about the current
tenants or occupants of said dwelling units and business units.
B.
Maintain a supply of forms for landowners to use in making reports
to the Township Ordinance Enforcement Officer as required by §§ 104,
105, and 106 of this Part.
C.
Notify the Chief of Police and the appropriate fire chief of the
Township of the address and description of any dwelling unit or business
unit that is vacant, unoccupied and not in use.
[Ord. 1820, 8/19/1991, § 8; as amended by Ord.
1865, 2/24/1997, § 4]
1.
When a change in use or occupancy is reported, or suspected, the
Ordinance Enforcement Officer ("Officer") will promptly inspect the
premises.
2.
During the inspection, the Officer shall obtain, by way of questions
and/or observation, the following information:
A.
The number of tenants or occupants and the number of dwelling units.
B.
The name, age, occupation and employer of each tenant or occupant.
C.
The presence and functioning of smoke detection devices as required by Chapter 7 of the Township Code of Ordinances.
D.
The presence of any unsafe condition which violates the requirements of the Township's Fire Prevention Code as adopted pursuant to Chapter 5 of the Township Code of Ordinances, the dangerous building provisions of Chapter 4 of the Township Code of Ordinances or the property maintenance requirements of Chapter 10, Part 3, of the Township Code of Ordinances.
E.
For buildings with less than four dwelling units, the presence of
Township authorized recycling containers.
3.
If the Officer finds that operable smoke detectors are not provided as required, he shall proceed to enforce the provisions of Chapter 7 relating to smoke detectors.
4.
If the Officer finds that any other conditions exist which violate the provisions of Chapter 4, Chapter 5 or Chapter 7, he shall, with any other appropriate officials, institute enforcement of Chapters 4, 5 and Chapter 7. If the Officer finds other health hazards to exist, he shall notify the Allegheny County Health Department and the landowner.
5.
The Officer shall report his findings concerning the number, name,
age, occupation and employer of tenants or occupants and the presence
of recycling containers to the Township Secretary.
6.
The Officer
shall investigate to determine whether the landowner owns any real
property within the Township for which there exists on the real property
a final and unappealable tax, water, sewer or refuse collection bill
delinquency on account of the actions of the landowner and within
the meaning of the Neighborhood Blight Reclamation Revitalization
Act.
[Added by Ord. 1954, 9/26/2011]
A.
If the
Officer finds that such a delinquency exists, then the Officer shall
deny an occupancy permit for the dwelling unit in question in accordance
with all applicable procedures set forth in the Neighborhood Blight
Reclamation Revitalization Act.
7.
The Officer
shall investigate to determine whether insurance coverage is in place
as required by this Part. If the Officer finds that the required coverage
is not in place, he shall deny the occupancy permit.
[Added by Ord. 1954, 9/26/2011]
8.
Denial
or Revocation of Occupancy Permit.
[Added by Ord. 1954, 9/26/2011]
A.
The Officer
shall state in writing the reasons for any denial or revocation of
an occupancy permit. Any person aggrieved by the Officer's denial
or revocation of an occupancy permit may appeal such denial by submitting
a written request for a Local Agency Law hearing to the office of
the Township Secretary within 20 days from the date of mailing of
the denial letter and accompanied by a nonrefundable appeal fee of
$50, the amount of such fee to be subject to adjustment by resolution
of the Board of Commissioners.
B.
Such
written request for a Local Agency Law hearing shall state the grounds
upon which the request is made. The appellant shall be responsible
for the cost of the stenographer's appearance fee and the cost of
any advertising of such hearing. The Township Board of Commissioners
may act as the Local Agency Law appeal hearing body or may appoint
a tribunal or hearing officer to hear the appeal and to make a recommended
ruling to the Board of Commissioners.
[Ord. 1820, 8/19/1991; as added by Ord. 1846, 1/23/1995,
§ 9]
[Ord. 1820, 8/19/1991, § 9; as amended by Ord.
1865, 2/24/1997, § 2]
Any person who shall violate any provision of this Part or who
knowingly files a false report required under this Part shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
and, in default of payment, to imprisonment for a term not to exceed
30 days.
[Ord. 1820, 8/19/1991, § 9; as added by Ord. 1865,
2/24/1997, § 5]
No dwelling unit shall be occupied by other than the owner thereof
unless it has been inspected by the Ordinance Enforcement Officer
for compliance with smoke detection device requirements and unsafe
conditions, in accordance with § 108.2C and D of this Part.
If a unit is occupied in violation of this Section, both the owner
and the occupant shall be deemed to be in violation.
[Added by Ord. 1954, 9/26/2011]
In order to protect the health, safety and welfare of the Township,
and of tenants, and of property owners in the immediate vicinity of
rental dwelling units, all owners of rental dwelling units shall be
required to maintain property and fire insurance coverage in effect
at all times in an amount as set forth below in order to obtain an
occupancy permit. No occupancy permits shall be issued for any such
rental unit unless the owner of the unit provides proof to the Township
that property and fire insurance is in effect as required by this
Section. Occupancy permits issued after adoption of this Section may
be revoked for failure to maintain or provide proof of the required
insurance.
A.
Minimum
Coverage. Property and fire insurance shall be provided in an amount
equal at least to the value of the property insured but in no case
less than $25,000.
B.
Insurance
Requirements. The property owner shall provide the Township, at least
annually and also upon request, with the insurance company name, policy
number, policy expiration date, and the amount of insurance coverage,
and with a certificate of insurance acceptable to the Township and
containing proof that the required insurance is in place and will
not be terminated without 30 days' advance notice to the Township.
C.
Alternative
to Insurance.
(1)
In
lieu of the insurance requirements stated above, the property owner
may furnish the Township with a bond or irrevocable letter of credit
issued by a federal or Commonwealth chartered lending institution
actively conducting business in Allegheny County, or a cash deposit.
The amount of such letter of credit, bond or cash deposit shall be
equal at least to the value of the property insured or $25,000, whichever
is greater.
(2)
Such
bond or letter of credit shall provide for and secure to the Township
the repair or removal of any property damage or a fire, accident,
natural disaster or lack of maintenance by the owner. The proceeds
of such bond, letter of credit or cash deposit shall be accessed and
used by the Township for costs of any nature incurred in connection
with removal or repair of the property, including but not limited
to Township labor costs, material costs, costs of outside contractors,
professional fees, expense of court proceedings, and the filing of
liens.
D.
Notification
to Tenants. Within 60 days of this Section, each landowner shall notify
each tenant of the insurance requirement set forth in this Section
and that the landowner's failure to maintain or provide proof of such
insurance may terminate occupancy of the rental dwelling unit.
E.
Insurance
Requirement Effective Date. The requirement to maintain fire and property
insurance as required by this Section shall go into affect 60 days
after the date of adoption of this Section by the Board of Commissioners.[1]
[1]
Editor’s Note: Ordinance No. 1954, which added this
Section, was adopted 9/26/2011.
F.
Determination
of Value and Sufficiency. The Township shall, in its sole discretion,
determine the value of the property and/or the sufficiency of insurance,
an insurance certificate, bond or letter of credit for purposes of
implementing this Section.
G.
Regulations
and Forms. The Township Board of Commissioners is authorized to adopt,
by way of resolution, any rules and regulations necessary or helpful
for the implementation or enforcement of this Section. The Officer
may adopt and require the completion of any form to implement this
Section.
[Ord. 1969, 6/23/2014]
The Board of Commissioners of Harrison Township finds the following
facts, conditions and occurrences:
A.
The Township has over 1,000 residential rental units.
B.
In many cases, rental properties have been poorly maintained, with
adverse impact on the public safety, the safety of tenants and property
values.
C.
Complaints about tenant behavior are frequent, often requiring police
response and undue consumption of Township resources.
D.
The enjoyment and value of nearby nonrental properties is adversely
affected by landlords who allow rental properties to deteriorate and
fail to police tenant behavior, as well as by improper tenant behavior.
E.
Licensing of landlords will allow the continued rental of residential
units with appropriate incentives and accountability for landlords
to maintain rental properties and control inappropriate or disorderly
tenant practices.
I.
Registration of tenants and other nonowner occupants of real estate
is necessary in order to have accurate records of the numbers and
identities of Township residents for purposes of taxation, zoning,
garbage collection and recycling, fire prevention, and other efforts
in furtherance of the public health, safety and welfare. The Board
also finds that the Township has experienced more problems with the
maintenance of non-owner-occupied properties than with owner-occupied
properties and that preoccupancy inspection for dangerous conditions
promotes the health, safety and welfare of occupants of rental units
by reducing the possibility of such occupants being exposed to dangerous
conditions.
[Ord. 1969, 6/23/2014]
It is the purpose of this Part 2 and the policy of the Harrison
Township Board of Commissioners, in order to protect and promote the
public health, safety and welfare of its citizens, to establish rights
and obligations of owners and occupants relating to the rental of
certain dwelling units in Harrison Township and to encourage owners
and occupants to maintain and improve the quality of rental housing
within the community. It is also the policy of Harrison Township that
owners, managers and occupants share responsibilities to obey the
various codes adopted to protect and promote public health, safety
and welfare. As means to those ends, this Part 2 provides for a system
of inspections; issuances and renewals of occupancy licenses; and
sets penalties for violations. This Part 2 shall be liberally construed
and applied to promote its purposes and policies.
[Ord. 1969, 6/23/2014]
As used in this Part 2, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
In multiple-unit dwellings, space which is not part of a
rental unit and which is shared with other occupants of the dwelling,
whether they reside in rental dwelling units or not. Common areas
shall be considered as part of the premises for purposes of this Part
2.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by an occupant or visitor of a rental dwelling
unit that is so loud, untimely (as to the hour of the day), offensive,
riotous, or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises. It is not necessary
that such conduct, action, incident or behavior constitutes a criminal
offense or that criminal charges be filed against any person in order
for a person to have perpetrated, caused or permitted the commission
of disorderly practices, as defined herein; provided, however, that
no disorderly practcices shall be deemed to have occurred unless the
Ordinance Enforcement Officer or police shall investigate and made
a determination that such did occur and keep written records, including
a disorderly practices report, of such occurrence.
A written report of disorderly practices, on a form to be
prescribed therefor, to be completed by the Ordinance Enforcement
Officer or police, as the cause may be, who actually investigates
an alleged incident of disorderly practices conduct and which shall
be maintained by the Ordinance Enforcement Officer.
A building having one or more rental dwelling units.
An apartment or other arrangement of one or more rooms used
for living and sleeping purposes, arranged for occupancy by one family
or by one or more persons and occupied by the family or person(s)
for more than 30 days.
A Person or persons on the premises with the consent of an
occupant.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a rental
unit. (Same as "owner.")
A municipal permit, in the form of a license, issued by the
Township pursuant to this Part 2 authorizing rental of any rental
dwelling unit.
An adult individual designated by the owner of a rental unit under § 204, Subsection 2. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this Part 2 and under rental agreements with occupants.
The duly appointed Ordinance Enforcement Officer(s) having
charge of the Zoning and Ordinance Office of Harrison Township, and
any assistants or deputies thereof.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a rental
unit.
A dwelling unit in which the owner resides on a regular,
permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
The Police Department of Harrison Township or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within Harrison Township.
Any parcel or real property in the Township, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more rental units are located.
A written agreement between the owner/landlord and the occupant/tenant supplemented by the Township Addendum required under § 204, Subsection 6, of this Part 2, embodying the terms and conditions concerning the use and occupancy of a specified rental unit or premises.
A dwelling unit rented to or available for rent by tenants
or otherwise occupied by persons other than the owner or the owner's
relatives, but not limited to, units in single-family houses, two-family
houses, multiple-family dwellings, multiple-family houses, apartment
houses, row houses, townhouses, and other buildings of similar character,
and also including group homes, community living arrangements, boardinghouses,
domiciliary homes, long-term care facilities or personal care homes.
A person who resides in a rental dwelling unit or who has
the use, either by himself or with others, of a dwelling unit owned
by a person other than himself, for a period exceeding 30 days.
Harrison Township, Allegheny County, Pennsylvania.
[Ord. 1969, 6/23/2014]
1.
General.
A.
It shall be the duty of every owner to keep and maintain all rental
dwelling units in compliance with all applicable codes and provisions
of all other applicable state laws and regulations and local ordinances,
to keep such property in good and safe condition, and to maintain
current payment of county, school district, and Township property
taxes, and water, sewer, and refuse collection bills.
B.
As provided for in this Part 2, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this Part 2,
every owner shall also be responsible for regulating the conduct and
activities of the occupants of every rental dwelling unit which he,
she or it owns in the Township, which conduct or activity takes place
at such rental dwelling unit or its premises.
C.
In order to achieve those ends, every owner of a rental unit shall
regulate the conduct and activity of the occupants thereof, both contractually
and through enforcement, as more fully set forth below.
D.
This section shall not be construed as diminishing or relieving,
in any way, the responsibility of occupants or their guests for their
conduct or activity; nor shall it be construed as an assignment, transfer,
or projection over or onto any owner of any responsibility of liability
which occupants or their guests may have as a result of their conduct
or activity under any private cause of action, civil or criminal enforcement
proceeding, or criminal law; nor shall this section be construed so
as to require an owner to indemnify or defend occupants or their guests
when any such action or proceeding is brought against the occupant
based upon the occupant's conduct or activity. Nothing herein
is intended to impose any additional civil/criminal liability upon
owners other than that which is imposed by existing law.
E.
This Part 2 is not intended, nor shall its effect be, to limit any
other enforcement remedies which may be available to the Township
against an owner, occupant, or guest thereof.
2.
Designation of Manager. Every rental dwelling unit shall have an
identified responsible manager who will be readily accessible to perform
the obligations of this Part 2 and the terms of the rental agreement.
If the owner does not function as the manager, the owner must designate
a responsible adult as manager to act as the agent of the owner. The
phone number and e-mail address (if available) must be provided for
24/7 availability.
3.
Disclosure.
A.
The owner or manager shall disclose to the occupant, in writing,
on or before the commencement of the tenancy, the name, address and
telephone number(s) of the manager of the premises.
B.
The owner shall disclose to the Township, in writing, on or before
the commencement of the tenancy, the name, address and telephone number(s)
and e-mail address (if available) of the owner of the premises and
the manager, if the manager is someone other than the owner.
4.
Reports by Owners. Each owner shall submit to the Township Ordinance
Enforcement Officer a completed and signed report form supplied by
the Township Ordinance Enforcement Officer which includes at least
the following information:
A.
List of the dwelling units owned by the owner, located within the
Township limits, whether occupied or not occupied.
B.
Address of each dwelling unit.
C.
Brief description of each dwelling unit.
D.
Whether or not said dwelling unit is inhabited or utilized by tenants
or occupants.
E.
Names and ages of the tenants or occupants occupying the aforementioned
dwelling unit.
F.
Description of the number of operational smoke-detection devices
in the dwelling and where they are located.
5.
Maintenance of Premises.
A.
The owner shall maintain the premises in compliance with the applicable
ordinances of the Township and shall regularly perform all routine
maintenance, including lawn mowing and ice and snow removal, and shall
promptly make any and all repairs necessary to fulfill this obligation.
B.
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations, or remodeling.
In such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
C.
In no case shall the existence of any agreement between owner and
occupant relieve any owner of any responsibility under this Part 2
or other ordinances or codes for maintenance of the premises.
6.
Written Rental Agreement.
A.
All rental agreements for rental dwelling units shall be in writing
and shall be supplemented with the addendum attached hereto as Appendix
A.[1] No oral leases and no oral modifications thereof are permitted.
All disclosures and information required to be given to occupants
by the owner shall be furnished before the signing of the rental agreement.
The owner shall provide the occupant with copies of the rental agreement
and addendum upon execution. The owner shall further secure a written
acknowledgement from the occupants that they have received the disclosures
and information required by this Part 2.
[1]
Editor's Note: A copy of the addendum is on file in the
Township offices.
B.
Terms and Conditions. The owner and occupant may include in a rental
agreement any terms and conditions not prohibited by this Part 2 or
other applicable ordinances, regulations, and laws, including rent,
term of the agreement, and other provisions governing the rights and
obligations of the parties.
C.
Prohibited Provisions. Except as otherwise provided by this Part 2, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this Part. A provision prohibited by this subsection included in a rental agreement shall be unenforceable.
D.
Attachments of Ordinance to Rental Agreement. Following the effective
date of this Part 2, a summary hereof in a form provided to the owner
by the Township, at the time of licensing, shall be attached to each
rental agreement delivered by or on behalf of an owner when any such
agreement is presented for signing to any occupant. If a summary has
been provided when the rental agreement was first executed, a summary
does not have to be provided upon renewal. Where a rental agreement
has been entered into prior to the effective date of this Part 2,
the owner shall provide the occupants with a copy of the summary within
60 days after enactment of this Part 2.
E.
Upon oral or written request by the police or Ordinance Enforcement
Officer, the owner shall, within 10 days of such request, furnish
to the Township copies of an acknowledgement that the occupants have
received the disclosures and information required to be given and
acknowledged as required by this Part 2.
F.
Upon oral or written request by the police or Ordinance Enforcement
Officer, the owner shall, within 10 days of such request, furnish
to the Township for inspection purposes copies of the leases the owner
has entered into for rental units.
G.
No rental agreement shall go into effect until a license has been
issued for the premises.
7.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
9.
Enforcement.
A.
Within 10 days after receipt of written notice from the Ordinance
Enforcement Officer that an occupant of a rental dwelling unit has
violated a provision of this Part 2, the owner shall take immediate
steps to remedy the violation and take steps to assure that there
is not a reoccurrence of the violation.
B.
Within 20 days after receipt of a notice of violation, the owner
shall file with the Ordinance Enforcement Officer a report, on a form
provided by the Township, setting forth what action the owner has
taken to remedy the violation and what steps he or she has taken to
prevent a reoccurrence of the violation. The report shall also set
forth a plan as to steps the owner will take in the future if the
violation recurs.
C.
The Ordinance Enforcement Officer shall review the report and, if
adequate steps have been taken and the plan is adequate to address
the future violations, shall approve the plan. The owner shall, on
his or her initiative, enforce the plan, and failure to do so shall
be a violation of this Part 2.
D.
In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Ordinance Enforcement
Officer may direct the owner to evict the occupants who violated this
Part 2 and to not permit the occupant to occupy the premises during
the subsequent license year.
E.
If an occupant has been evicted from a rental unit pursuant this
Part 2, the owner shall notify the Township in writing when an occupant
has been evicted pursuant to this Part.
10.
Code and Ordinance Violation. Upon receiving notice of any code or
ordinance violation from the Ordinance Enforcement Officer, the owner
shall promptly take action, or cause the necessary action to be taken,
to abate the offending condition and eliminate the violation.
11.
Township Can Make Repairs. In case the owner of premises shall neglect, fail or refuse to comply with any notice from the Township or its Ordinance Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any ordinance within the period of time stated in such notice, the Township may cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs, for each time the Township shall cause a violation to be corrected; and the owner of the premises shall be billed after the same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to a judgment and enforced and collected as provided by law, together with interest at the legal rate and court costs. The remedies provided by this subsection are not exclusive, and the Township and its Ordinance Enforcement Officer may invoke such other remedies available under this Part 2 or other applicable codes, ordinances or statutes, including, where appropriate, condemnation proceedings or declaration of the premises as unfit for habitation; or suspension, revocation, or nonrenewal of the license issued hereunder.
12.
Inspection. The owner shall permit inspections of any premises by
the Ordinance Enforcement Officer at reasonable times upon reasonable
notice for the purposes of enforcing this Part 2.
[Ord. 1969, 6/23/2014]
1.
General. The tenant or occupant shall comply with all obligations
imposed upon tenants and occupants by this Part 2, all applicable
codes and ordinances of the Township and all applicable provisions
of state law.
2.
Health and Safety Regulations.
A.
The maximum number of persons residing in any rental dwelling unit
at any time (names and ages of occupants as listed on the Township's
license/preoccupancy inspection) shall not exceed one person for each
150 square feet of habitable floor space in said rental dwelling unit.
The maximum number of persons permitted in the commons area of any
multi-unit dwelling at any time shall not exceed one person for each
15 square feet of common area on the premises.
B.
The tenant or occupant shall dispose from his or her rental dwelling
unit all rubbish, garbage and other waste in a clean and safe manner
in compliance with Harrison Township's and all other applicable
ordinances, laws and regulations.
3.
Peaceful Enjoyment. The tenant or occupant shall conduct himself
or herself and require the other persons, including, but not limited
to, guests on the premises and within his or her rental unit with
his or her consent to conduct themselves in a manner that will not
disturb the peaceful enjoyment of the premises by others, and that
will not disturb the peaceful enjoyment of adjacent or nearby dwellings
by the persons occupying the same.
4.
Residential use. The tenant or occupant shall, unless otherwise permitted
by applicable law or ordinance, occupy or use his or her rental unit
for no other purpose than as a residence, except to the extent that
the Township Zoning Ordinance permits single-family homes to operate
internet or other home-based businesses, thus also permitted to persons
who rent dwelling units instead of owning them.
5.
Illegal Activities. The tenant or occupant shall not engage in, or tolerate, nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa. C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.), or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).
6.
Disorderly Practices.
A.
The tenant or occupant shall not engage in, nor tolerate nor permit
others on the premises to engage in, disorderly practices, or other
violations of this Part 2.
B.
When police or the Ordinance Enforcement Officer investigates an
alleged incident of disorderly practice, he or she shall complete
a disorderly practices report upon a finding that the reported incident
did, in his or her judgment, constitute "disorderly practice" as defined
herein. The information filled on said report shall include, if possible,
the identity or identities of the alleged perpetrator(s) of the disorderly
practices and all other obtainable information, including the factual
basis for the disorderly practice requested on the prescribed form.
Where the police make such investigation, said police officer shall
then submit a completed investigative report to the Ordinance Enforcement
Officer within seven working days. In all cases, the Ordinance Enforcement
Officer shall complete the final disorderly practices report and mail
a copy to the owner or manager and the tenant or occupant within 10
working days of the occurrence of the alleged disorderly practice,
whether the person making the investigation on behalf of the Township
is the Ordinance Enforcement Officer or police.
C.
Any person aggrieved by a finding of disorderly practices may appeal
such finding by using the same appeal procedures set forth in § 207,
Subsection 1F, of this Part, available for appeals concerning denial
or issuance of a license.
7.
Compliance with Rental Agreement. The tenant or occupant shall comply
with all lawful provisions of the rental agreement. Failure to comply
may result in the eviction of the occupant by the owner.
8.
Inspection of Premises. The tenant or occupant shall permit inspections
by the Ordinance Enforcement Officer of the premises at reasonable
times, upon reasonable notice, for the purpose of enforcing this Part
2.
[Ord. 1969, 6/23/2014]
The Township Ordinance Enforcement Officer, under the authority
of this Part, shall:
A.
Maintain on file at the Township office the names of the landowners
owning dwelling units in the Township, said list to include the names
of and pertinent information about the current tenants or occupants
of said dwelling units.
B.
Maintain a supply of forms for landowners to use in making reports
to the Township Ordinance Enforcement Officer as required.
C.
Maintain a list of tenants who have been evicted from licensed rental
units for violation of this Part 2.
D.
Notify the Chief of Police and the appropriate Fire Chief of the
Township of the address and description of any dwelling unit that
is vacant, unoccupied and not in use.
[Ord. 1969, 6/23/2014]
1.
License Requirement.
A.
A license shall be required for all rental dwelling units prior to
occupancy by a new tenant or occupant, except for owner-occupied rental
units.
B.
The application for the license inspection shall be on a form as
determined by the Township. The owner shall pay a license fee of $50,
the amount of such fee to be subject to adjustment by resolution of
the Board of Commissioners. A reinspection fee of $25 is to be paid
in addition to the $50 fee in the event an inspection has failed.
[Amended by Res. 1774, 9/21/2017]
C.
The owner shall furnish a copy of the signed landlord/tenant lease
Township addendum with the application. If the owner uses more than
one form of the lease, the owner shall furnish a copy of each form.
No license will be issued if the landlord/tenant lease does not meet
the requirements of § 204, Subsection 6, of this Part. A
copy of the license issued shall be given to the tenant by the landlord.
D.
The license application must include a floor plan, with the measurements
of each room within the rental dwelling unit and of any common area.
Such floor plan need only be submitted with the first license application,
provided that, if there are changes to the floor plan, the owner shall
submit a revised floor plan with the next license application.
E.
If a license is denied, the reason for denial shall be stated in
the denial notice.
F.
Any person aggrieved by the denial or issuance of a license may appeal
by submitting a written request for a Local Agency Law appeal hearing
to the Township Secretary within 20 days from the date of mailing
of the denial letter or grant of a license, and accompanied by a nonrefundable
appeal fee of $50, the amount of said fee to be subject to adjustment
by resolution of the Board of Commissioners. Such written request
for an appeal hearing shall state the grounds upon which it is made.
The appellant shall be responsible for the cost of the stenographic
appearance fee and any cost of advertising the hearing. The Board
of Commissioners may act as the Local Agency Law appeal hearing body
or may appoint a tribunal or hearing officer to hear the appeal and
either to decide the appeal or to make a recommended ruling to the
Board of Commissioners.
2.
License Term, Fee and Occupancy Limit.
B.
The license shall indicate thereon the maximum number of occupants
in each rental dwelling unit and the names of the tenants.
C.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this Part 2 or any of the ordinances
of the Township relating to land use and/or code enforcement, or if
any licensing fees under this Part are due and owing to the Township,
or if the owner owns any real property within the Township for which
there exists on the real property a final and unappealable tax, water,
sewer or refuse collection delinquency on account of the actions of
the owner and within the meaning of the Neighborhood Blight Reclamation
Revitalization Act.[1]
[1]
Editor's Note: See 53 Pa. C.S.A. § 6101 et
seq.
3.
Inspection.
A.
All premises shall be subject to periodic inspections by the Ordinance
Enforcement Officer or another duly authorized agent of the Township
as a condition of license issuance. Such inspection is required when
an application is submitted for a license and may also be conducted
at any time to implement and enforce this Part 2.
B.
The Ordinance Enforcement Officer is hereby designated as the official
authorized to enforce this Part 2 and to take appropriate measures
to abate violations herein, for and on behalf of Harrison Township.
The police will also have the authority to enforce this Part 2 and
take appropriate action to abate violations.
4.
Administrative Search Warrant. Upon a showing of probable cause that
a violation of this Part 2 or any other ordinance of Harrison Township
has occurred, the Ordinance Enforcement Officer may apply to the Magisterial
District Judge having jurisdiction in Harrison Township for an administrative
search warrant to enter and inspect the premises.
[Ord. 1969, 6/23/2014]
1.
General. The Ordinance Enforcement Officer may initiate disciplinary
action against an owner that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's license, for violating
any provision of this Part 2 that imposes a duty upon the owner, and/or
for failing to regulate the breach of duties by occupants as provided
herein.
2.
Definitions of Options.
A.
Formal warning: formal written notification of at least one violation
of this Part 2. Upon satisfactory compliance with this Part 2 and
any conditions imposed by the Ordinance Enforcement Officer, the formal
warning shall be removed when the owner applies for license renewal.
B.
Nonrenewal: the denial of the privilege to apply for license renewal
after expiration of the license term. The Township will permit the
owner to maintain occupancy in the premises until the end of the license
term but will not accept application for renewal of the license until
it is determined by the Ordinance Enforcement Officer that the owner
has come into compliance.
C.
Suspension: the immediate loss of the privilege to rent rental dwelling
units for a period of time set by the Ordinance Enforcement Officer
and not to exceed 90 days. The owner, after the expiration of the
suspension, may apply for license renewal without the need to show
cause why the owners's privilege to apply for a license should
be reinstated. Upon suspension, the owner shall take immediate steps
to evict the occupants.
D.
Revocation: the immediate loss of the privilege to rent rental dwelling
units and the loss of the privilege to apply for renewal of the license
at the expiration of the time period. Upon the loss of the privilege
to rent, the owner shall take immediate steps to evict the occupants.
3.
Criteria for Applying Discipline. The Ordinance Enforcement Officer,
when recommending discipline, and Township Board of Commissioners,
when applying discipline, shall consider the following:
A.
The effect of the violation on the health, safety and welfare of
the occupants of the rental dwelling unit and other residents of the
premises.
B.
The effect of the violation on the neighborhood.
C.
Whether the owner has prior violations of this Part 2 and other ordinances
of the Township or has received notices of violations as provided
for in this Part.
D.
Whether the owner has been subject to disciplinary proceedings under
this Part 2.
E.
The effect of disciplinary action on the occupants.
F.
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
G.
The policies and lease language employed by the owner to manage the
dwelling unit to enable the owner to comply with the provisions of
this Part 2.
H.
In addition to applying discipline as set forth above, the Ordinance
Enforcement Officer may recommend, and the Township Board of Commissioners
may impose, upon the existing or subsequent licenses, reasonable conditions
to fulfilling the purposes of this Part 2.
I.
Whether findings of disorderly practices have been made with respect
to the premises in question, the number of such findings and whether
disorderly practices have ceased or have continued.
4.
Grounds for Imposing Discipline. Any of the following may subject
an owner to discipline as provided for in this Part 2:
A.
Failure to abate a violation of Township codes and ordinances that
apply to the premises within the time directed by the Ordinance Enforcement
Officer.
B.
Refusal to permit the inspection of the premises by the Ordinance
Enforcement Officer as required by §§ 204, Subsection
12, and 205, Subsection 8, of this Part.
C.
Failure to take steps to remedy and prevent violations of this Part 2 by occupants of rental dwelling units as required by § 204, Subsections 9 and 10, of this Part.
D.
Failure to file and implement an approved plan to remedy and prevent violations of this Part 2 by occupants of a rental dwelling unit as required by § 204, Subsection 9B and C, of this Part.
F.
Three violations of this Part 2 or other ordinances of the Township that apply to the premises within a license term. For purposes of this Part 2, there need be no criminal conviction before a violation can be found to exist. Before a prior violation can be considered under this section, the owner must have received notice, in writing, of this violation within 30 days after the Ordinance Enforcement Officer received notice of the violation.
5.
Procedure for Nonrenewal, Suspension, or Revocation of License.
A.
Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Ordinance Enforcement
Officer shall notify the owner and manager of the action to be taken
and the reason therefor. Such notification shall be in writing, addressed
to the owner and manager in question, and shall contain the following
information:
(1)
The address of the premises in question and identification of
the particular rental dwelling unit(s) affected.
(2)
A description of the violation which has been found to exist.
(3)
A notice that the rental dwelling unit(s) is in violation of
this Part 2, with a specification of the grounds of the violation,
including a specification of any suspension, nonrenewal or revocation
of a license. The notice shall also state that, during such nonrenewal,
suspension or revocation, no person may rent or permit occupancy of
the rental dwelling units in question. Such violations must be cured
within 30 days from the date of the notice, unless exigent circumstances
involving an immediate threat to the public health, welfare or safety
dictate more-immediate remediation. In the case of license suspension,
nonrenewal or revocation, the notice will state the specific timing
of such suspension, nonrenewal or revocation, including the date upon
which suspension or nonrenewal will commence, the duration of any
suspension and the deadline for commencing eviction of tenants.
(4)
Notice that each day the violation remains shall be a separate violation and punishable under § 209 of this Part. The Township shall further have the right to enjoin the obligations and duties created under this Part 2.
(5)
Any person aggrieved by the Officer's denial, suspension,
nonrenewal or revocation of a license may appeal such denial by submitting
a written request for a Local Agency Law hearing to the office of
the Township Secretary within 20 days from the date of mailing of
the denial letter and accompanied by a nonrefundable appeal fee of
$50, the amount of such fee to be subject to adjustment by resolution
of the Board of Commissioners.
(6)
Such written request for a Local Agency Law hearing shall state
the grounds upon which the request is made. The appellant shall be
responsible for the cost of the stenographer's appearance fee
and the cost of any advertising of such hearing. The Township Board
of Commissioners may act as the Local Agency Law appeal hearing body
or may appoint a tribunal or hearing officer to hear the appeal and
to make a recommended ruling to the Board of Commissioners.
B.
Delivery of Notification.
(1)
All notices shall be sent to the owner or manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Ordinance
Enforcement Officer shall attempt delivery by personal service on
the owner or manager, if applicable. The Ordinance Enforcement Officer
shall also post the notice in a conspicuous place on the premises.
(2)
If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager at an address stated on the most-current license application for the premises in question, by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the United States mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the United States mail, and all time periods set forth under Subsection 5A above shall thereupon be calculated from said fifth day.
[Ord. 1969, 6/23/2014]
1.
Basis for Violation. It shall be unlawful for any person to rent
to any person a rental dwelling unit for which a license is required
without a valid, current license issued by the Township authorizing
such operation. It shall also be unlawful for any person, either owner
or manager, to allow the number of tenants or occupants of a rental
dwelling unit to exceed the maximum limit as set forth on the license,
or to violate any other provision of this Part 2. It shall be unlawful
for any tenant or occupant to violate this Part 2.
2.
Penalties. Any violation of this Part 2 shall constitute a summary
offense punishable, upon conviction thereof by a Magisterial District
Judge, by a fine not to exceed $1,000 plus costs of prosecution or,
in default of payment of such fines and costs, by a term of imprisonment
not to exceed 30 days. Each day of violation shall constitute a separate
and distinct offense.
3.
Nonexclusive Remedies. The penalty provisions of this Part 2 and
the license nonrenewal, suspension and revocation procedures provided
in this Part 2 shall be independent, non-mutually-exclusive, separate
remedies, all of which shall be available to the Township as may be
deemed appropriate for carrying out the purposes of this Part 2. The
remedies and procedures in this Part for violation hereof are not
intended to supplant or replace, to any degree, the remedies and procedures
available to the Township in the case of a violation of any other
code or ordinance of the Township, whether or not such other code
or ordinance is referenced in this Part 2 and whether or not an ongoing
violation of such other code or ordinance is cited as the underlying
ground for a finding of a violation of this Part 2.
[Ord. 1969, 6/23/2014]
1.
Notices.
A.
For purposes of this Part 2, any notice required hereunder to be
given to a manager shall be deemed as notice given to the owner.
B.
There shall be a rebuttable presumption that any notice required
to be given to the owner under this Part 2 shall have been received
by such owner if the notice was given to the owner in the manner provided
by this Part 2.
C.
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this Part 2.
2.
Changes in Ownership Occupancy. It shall be the duty of each owner
or manager of a rental dwelling unit to notify the Ordinance Enforcement
Officer in writing of any change in ownership of the premises or of
the number of rental dwelling units on the premises.
3.
Owners Severally Responsible. If any rental dwelling unit is owned
by more than one person, in any form of joint tenancy, as a partnership,
or otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this Part 2 and shall be
severally subject to prosecution for the violation of this Part 2.
