[HISTORY: Adopted by the Township Council of the Township
of Hampton 7-22-2015 by Ord. No.
778. Amendments noted where applicable.]
The provisions of this chapter shall apply to all regulated
residential units in the Township of Hampton which are leased, rented,
or otherwise occupied by persons or entities who do not own the premises,
and to all persons and/or entities which own, lease, and otherwise
rent residential properties in the Township as specified herein. This
chapter is not intended, nor shall its effect be, to limit any other
enforcement remedies which may be available to the Township under
separate ordinance or law, and it shall not affect any building, zoning,
property maintenance code, or fire safety codes, or associated inspection
requirements arising thereunder.
A.
CODE
CODE ENFORCEMENT OFFICER
COMMON AREA
DWELLING
DWELLING UNIT
LANDLORD
OWNER
PERSON
PREMISES
REGULATED RENTAL UNIT
RENTAL AGREEMENT
RENTAL OCCUPANCY LICENSE
TENANT
Unless otherwise expressly stated, the following terms shall, for
the purposes of this chapter, have the following meanings.
Any statute, ordinance, or law adopted, enacted, and/or in
effect in and for the Township of Hampton concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or dwelling unit.
Any duly appointed representative of the Township, including
but not limited to the Municipal Code Enforcement Officer and those
authorized by Council or the Manager of the Township to enforce the
provisions contained therein.
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling whether they reside in regulated dwelling units or not.
"Common areas" shall be considered as part of the premises for purposes
of this chapter.
A building having one or more dwelling units.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one or more persons. A single dwelling unit is one
that includes complete, independent living facilities for one or more
tenants, which may include permanent provisions for living, sleeping,
eating, cooking and sanitation.
Any person who lets, rents, leases, or otherwise allows other
persons to occupy or use real estate or portions of real estate owned
by, or under the management or in the control of the landlord.
Any person who lets, rents, leases, or otherwise allows other
persons to occupy or use real estate or portions of real estate owned
by, or under the management or in the control of the landlord.
A natural person, partnership, corporation, unincorporated
entity, association, limited partnership, trust, or any other entity.
Any parcel or real property in the Township of Hampton, including
the land and all buildings and appurtenant structures or appurtenant
elements, upon which one or more regulated rental units are located.
A dwelling unit occupied by any person under a rental agreement.
An agreement between owner/landlord and occupant/tenant embodying
the terms and conditions concerning the use and occupancy of a specified
regulated rental unit or premises.
The license issued to the owner of regulated rental units
under this chapter, which is required for the lawful rental and occupancy
of regulated rental units.
A person who has the use, either by himself or with others,
of himself, or with others, of a dwelling unit owned by another person.
B.
Terms not defined. Where terms are not defined through the methods
authorized by this chapter, such terms shall have ordinarily accepted
meanings such as the context implies.
The owner of any regulated rental unit(s) within the Township
shall be required to register all regulated rental unit(s) located
within the Township, and shall thereafter maintain a current registration
of all such regulated rental units, as follows:
A.
Within 90 days of enactment of this chapter, all landlords and/or
owners who, at the time of enactment, rent or lease any regulated
rental unit(s) in the Township of Hampton to any tenant for a period
of time in excess of 30 days shall register and receive a rental operating
license.
B.
All landlords and/or owners who, once registered, add any new unit/units
in the same dwelling, building, or premises as its existing regulated
rental unit(s) shall register such newly added units at the time of
addition and as a condition of occupancy of such unit.
C.
All new dwelling or developments with any dwelling containing any
regulated rental unit(s) shall be registered by the owner/landlord
as part of the initial occupancy permit approval process.
A.
On January 1, 2016, and continuing thereafter, the Township Administration
shall implement, commence, and continue thereafter a Township-wide
triennial regulated rental unit inspection program, as follows:
(1)
All regulated rental units shall be inspected once every three years,
with the first inspection occurring within three years of commencement
of the inspection program, and then once every three years thereafter.
(2)
All new regulated rental units which are added in the same dwelling,
building, or premises as an existing regulated rental unit shall be
inspected upon initial occupancy and thereafter on the same schedule
as the remainder of the existing regulated rental units in the same
dwelling.
(3)
All newly constructed or occupied dwellings with rental units within,
which have completed a zoning/UCC inspection in conjunction with the
initial occupancy, shall be inspected no sooner than three years after
the date of issuance of the initial occupancy permit, and then once
every three years thereafter.
B.
The above rental unit inspections shall be conducted by the Code
Enforcement Officer for the purpose of determining compliance with
the provisions of this chapter and any and all other applicable codes,
regulations, and ordinances of the Township. In the event the Code
Enforcement Officer discovers any violations, the Code Enforcement
Officer shall note all violations and shall leave with the owner,
landlord, manager or agent for an owner, and tenant, a copy of any
notice of violation.
All inspections under this chapter shall be conducted at reasonable
times with prior notice to the applicant, owner, landlord, manager,
tenant, or agent for the owner or landlord and subject to constitutional
restrictions on unreasonable searches and seizures.
[Amended 12-21-2016 by Ord. No. 791]
The Code Enforcement Officer shall disclose in writing personally
delivered at time of inspection or sent via certified mail to the
landlord or owner of any regulated rental unit all violations discovered
during an inspection. If the inspection discloses that the building
or occupancy is in violation of any applicable Township Code or ordinance,
no rental occupancy license or renewal shall be issued, and the building's
rental occupancy license shall be suspended, subject to the landlord's
or owner's appeal rights referenced herein, until all repairs
or corrective actions have been made or taken to eliminate any substandard
conditions and/or to bring the structure or regulated rental unit
into compliance with the applicable Township codes and ordinances.
(Nothing herein shall prohibit the Code Enforcement Officer, upon
good cause shown, from issuing a temporary rental occupancy license
pending completion of necessary repairs and reinspection, where the
Code Enforcement Officer in his sole discretion is satisfied that
such temporary occupancy does not pose a danger to the health, safety
and welfare of the building's tenants or to other persons or
property within the Township. In such case, the Code Enforcement Officer
may require the posting of security with the Township in an amount
estimated by Township to be reasonably necessary to assure the completion
of such repairs and/or remedial measures.)
[Amended 12-21-2016 by Ord. No. 791]
If entry is not obtained or upon the refusal of an applicant,
owner, landlord, manager, tenant, or agent for an owner or landlord
applying for a rental operating license to permit entry to conduct
the inspection mandated under this chapter, the inspection shall not
be conducted and the Code Enforcement Officer is hereby authorized
to apply to an issuing authority having jurisdiction over such rental
unit for an administrative search warrant to enter and to conduct
an inspection unless an emergency situation exists which requires
immediate entry. If an emergency situation exists demanding immediate
access to the rental unit, the Code Enforcement Officer may conduct
a prompt safety inspection even if entry is refused or even if an
administrative search warrant is not obtained. (The fact that a requested
inspection does not occur due to a refusal to consent to entry pending
an administrative search warrant shall not constitute a violation
of this chapter.)
[Added 12-21-2016 by Ord.
No. 791[1]]
The landlord or owner of the regulated rental unit shall have
the right to appeal any determination of the Code Enforcement Officer
pursuant to the appeal procedures referenced in the applicable International
Property Maintenance Code adopted by the Township and in effect at
the time of the alleged violation.
[Amended 12-21-2016 by Ord. No. 791]
Registration and inspection fees to defray in whole or in part
the Township's costs to administer this chapter shall be in such
amount as established by Council in accordance with the law, by separate
fee schedule as may be adopted or modified by resolution of Council
from time to time, upon the recommendation of the Township Manager.
The Township may establish, alter, and modify the applications,
inspection checklists and compliance letters for the operation and
enforcement of this chapter without further amendment hereto.
The following categories of rental properties shall not require
registration, and shall not, therefore, be subject to the permitting
provision of this chapter:
A.
Senior citizen retirement and assisted living facilities duly licensed
and complying with the laws and regulations of the Commonwealth of
Pennsylvania with respect to such facilities;
B.
Convents and parish houses;
C.
Dormitory housing provided by accredited educational institutions;
D.
Housing provided by fire companies to its members;
E.
Group homes providing medical and related care for persons with disabilities;
F.
Any single-family, duplex or townhouse unit legally occupied by a
family owner of the landlord/owner where no rent is exchanged;
The issuance of a license under this chapter is not intended
to be a representation by the Township that the regulated rental unit
and/or the building in which it is located is in compliance with any
fire prevention, building, mechanical, electrical, plumbing or similar
codes. The Township reserves the right to conduct no more than a cursory
inspection of the regulated rental unit prior to the issuance of a
rental occupancy license as the Code Enforcement Officer may deem
fit in his sole discretion. Neither the enactment of this chapter
nor the issuance of a license shall impose any liability upon the
Township for any errors or omissions which resulted in the issuance
of such license, nor shall the Township bear any liability not otherwise
imposed by law.
[Amended 12-21-2016 by Ord. No. 791]
Any person who shall violate any provision of this chapter,
including failure to timely register for a rental occupancy license;
failure to submit to proper inspection; failure to file any required
reports; filing inaccurate, untimely or incomplete applications or
reports; or for any other violation of this chapter, shall, upon conviction
thereof, be sentenced to pay a fine of not more than the greater of
$1,000 or the then-maximum fine as permitted under Pennsylvania law
at the time of the violation, as the Court may direct.
[Amended 12-21-2016 by Ord. No. 791]
Any violations under this chapter shall constitute a summary
offense for which the Code Officer may issue a citation, under the
jurisdiction of the Magisterial District Court Judge, with appellate
rights thereafter to the Court of Common Pleas pursuant to the applicable
Rules of Criminal Procedure. For the purpose of this chapter, each
day a person is in violation of any provision of this chapter shall
be considered a separate offense as provided under law.
Nothing contained herein shall be deemed to preclude the Township
from seeking other relief or availing itself of any other remedy that
may be at law or in equity to prevent continuing violations of the
terms of this chapter or of any other ordinance found to exist as
a result of the Code Enforcement Officer's inspections conducted
hereunder. Nor shall any provision of this chapter be deemed to prevent
the Township from instituting other legal proceedings and seeking
relief in the courts of equity of the commonwealth if the Township
shall deem such action necessary to abate any violation of this or
any other Township ordinance.
If any one or more of the provisions or terms of this chapter
shall be held invalid for any reason whatsoever, then such provision
or terms shall be deemed severable from the remaining provisions or
terms of this chapter to the maximum extent possible and shall in
no way affect the validity or enforceability of any other provisions
hereof.
[Added 12-21-2016 by Ord.
No. 791]
Any ordinance or resolution or parts thereof which are in conflict
herewith, including Ordinance No. 778, are repealed and replaced only
to the extent of such conflict.
