It is the intention of Pocopson Township to ensure the proper maintenance of all residential rental properties and to keep accurate records of all Township residents for purposes of collecting the earned income tax and for emergency services. The provisions in this Article
I shall not apply to short-term rental units which shall be governed by the provisions in Article
II.
As used in this article, the following words and phrases shall
have the meanings set forth herein unless the context otherwise clearly
requires:
CERTIFICATE OF REGISTRATION
A certificate identifying the rental unit, the owner(s) thereof
and the proposed and/or present occupant(s) thereof, and certifying
that the rental unit has been subject to such inspections as may be
required and is deemed in compliance with all relevant Township regulations
and may be occupied by the occupant for the purposes intended.
LEASE
Any permission, written or oral, to occupy a rental unit
however denominated. The term shall include, without limitation, occupancy
by license, assignment, lease or any other method so long as title
in fee simple absolute is not transferred to the occupant.
OCCUPANT
Any person occupying or having the right to occupy a rental unit or any part thereof pursuant to any lease and not otherwise exempted under the provisions of §
158-6 hereof.
OWNER
The person(s) in whose name(s) the property on which the
rental unit is located on is titled as set forth in the Office of
the Recorder of Deeds of Chester County, Pennsylvania, and/or as reflected
on the tax duplicate issued by the Chester County Assessor, or any
person, as hereinafter defined, in control or with right of control,
directly or indirectly, over the occupancy or right of occupancy of
any rental unit. The term shall include, but not be limited to, the
fee owner of a rental unit, a lessee who sublets or underlets the
unit or any part thereof, the assignor of rights of occupancy and
any licensor who allows another to occupy the rental unit, whether
or not such occupancy is exclusive. It is intended that this chapter
shall include all such levels of ownership or control over right of
possession, and in the event any such form of control or ownership
is subject to varying interpretations of exclusion, it is the intent
that all such issues shall be resolved in favor of inclusion. Where
the rental unit is subject to varying or multiple levels of ownership
or control, it is intended that all owners shall be subject to compliance
with the obligations imposed hereunder and the liability for any violation
shall be joint and several.
PERSON
Natural persons, corporations, trusts, partnerships, tenants
by the entireties, joint tenants, tenants in common, limited liability
companies and any other entity holding title or right to possession
of a rental unit. Where the entity consists of multiple natural persons
such as partnerships, tenants by the entireties or joint tenancies,
each such partner, joint tenant or operating officer of a corporate
or similar owner shall be bound by the obligations of this chapter
and shall be jointly and severally liable for any penalties imposed
for violation thereof.
PROPERTY
A parcel of real estate located in Pocopson Township that
has been assigned a Chester County tax parcel number.
RENTAL UNIT
Any space that is rented for human occupancy by lease, regardless
of the term of the lease, but excluding units within a motel or hotel
rented by the day for transient occupancy, and excluding short-term
rental units and bed-and-breakfasts. The term includes, without limitation,
mobile homes, mobile home pads occupied by mobile homes owned by others
for human habitation, single-family dwellings, two-family dwellings,
multifamily dwellings and apartments. It is intended that this article
shall include all such forms of occupancy, and it is the intent that
all such issues shall be resolved in favor of inclusion within the
sweep of the regulatory scheme of this article.
No owner shall lease any rental unit or any part thereof within
Pocopson Township to any person or persons until the Codes Enforcement
Officer or his designee has issued a certificate of registration for
that identified occupant(s).
Each owner of a rental unit shall, within the time limits herein
set forth, obtain a certificate of registration as to each occupant
of the rental unit, pursuant to the following procedures:
A. Initial certificate. Within 60 days after the effective date of this
chapter, each owner shall file with the Codes Enforcement Officer
or his designee, on a form provided by the Township, an application
for a certificate of registration for each rental unit owned or controlled
by said owner(s) within the Township, and pay the required fees. Thereafter,
upon the creation of any new rental unit within the Township, the
owner shall file with the Codes Enforcement Officer or his designee
an application for a certificate of registration for the new rental
unit, along with the required fee. On the application form, the applicant
shall identify the rental unit by address and tax parcel number, and
shall provide the names(s), mailing address(es) and telephone number(s)
of the owners thereof, a telephone number where the owner or his/her
representative may be contacted in event of emergency, the name and
address of each person who is an occupant or occupying the rental
unit with the consent of the owner, and such other information as
the Codes Enforcement Officer or his designee may reasonably require
for the administration of this chapter.
B. Change certificate. After obtaining the initial certificate of registration,
prior to occupancy by a new occupant, the owner shall file with the
Codes Enforcement Officer or his designee a change of certificate
of registration form. The form shall include the date the prior occupants
vacated the rental unit, the name and address of the new occupants,
the date the new occupants will take possession of the rental unit,
and such other information as the Codes Enforcement Officer or his
designee finds necessary for the administration of this chapter.
C. The Codes Enforcement Officer or his designee shall conduct an inspection of the rental unit prior to the issuance of the initial certificate of registration to determine compliance with the standards set forth in §
158-5. The Codes Enforcement Officer or his designee shall give at least 72 hours' advanced notice to the owner of each rental unit of the date and time of the inspection. In the event the unit is currently occupied, the owner shall give advanced notice to each occupant of the time and date of the inspection.
D. If the Codes Enforcement Officer or his designee determines the rental unit is in substantial compliance with §
158-5 and the application is otherwise complete, s/he shall issue the requested certificate of registration and the owner may permit the rental unit to be used and occupied as such.
E. If the Codes Enforcement Officer or his designee determines that the rental unit is not in substantial compliance with §
158-5, the initial certificate of registration will not be issued until the rental unit is brought into substantial compliance.
F. The Codes Enforcement Officer or his designee shall reinspect each
rental unit every two years following the issuance of the initial
certificate of registration. Owners shall be required to file an application
for reissuance of certificate of registration and pay an associated
fee for such reinspection.
G. The Codes Enforcement Officer or his designee may conduct additional reinspections upon receipt of any information that a rental unit is noncompliant with the standards set forth in §
158-5. The owner shall be responsible for the cost of such inspection.
H. Should, upon reinspection, the Codes Enforcement Officer or his designee find any rental unit to be noncompliant with the standards set forth in §
158-5, the certificate of registration may be revoked and/or denied until compliance is achieved.
The provisions of this article shall not apply where an owner-occupant
is called away on a temporary basis, not to exceed one year, and rents
the unit during that absence. The owner-occupant shall notify the
Codes Enforcement Officer or his designee, on a Township-provided
form, of the dates of the intended absence, the name and address of
the occupants during the absence and such other information as the
Codes Enforcement Officer or his designee may reasonably require for
the administration of this chapter.
The Board of Supervisors shall, by resolution, adopt and may,
from time to time by resolution, amend a schedule of fees and charges
for the administration of this article.
It shall be the duty of the owner of every rental unit located
within Pocopson Township to prepare and file an annual report with
the Township Treasurer that shall state the complete name and address
of each person 18 years of age and older who is currently residing
or has resided in each rental unit as of December 31 of the proceeding
calendar year, in order to provide for the uniform and equitable collection
of earned income and other taxes levied within Pocopson Township,
as well as for emergency services purposes.
The initial report required under §
158-8 shall be prepared and filed by the owner not later than 60 days following the effective date of this article. Subsequent reports shall be prepared and filed by the owner annually by January 30.
The provisions in this Article
II shall only apply to the use of dwellings as short-term rental units.
As used in this article, the following words and phrases shall
have the meanings set forth herein unless the context otherwise clearly
requires:
LEASE
Any permission, written or oral, to occupy a short-term rental
unit however denominated.
OWNER
The person(s) in whose name(s) the property on which the
short-term rental unit is located in is titled as set forth in the
Office of the Recorder of Deeds of Chester County, Pennsylvania, and/or
as reflected on the tax duplicate issued by the Chester County Assessor,
or any person, as hereinafter defined, in control or with right of
control, directly or indirectly, over the occupancy or right of occupancy
of any rental unit.
SHORT-TERM RENTAL PERMIT
A permit issued by the Township to allow the use of a dwelling
unit as a short-term rental unit which identifies the rental unit
and the owner(s) thereof and which certifies that the short-term rental
unit has been subject to such inspections as may be required and is
deemed in compliance with all relevant Township regulations and may
be occupied by the occupant for the purposes intended.
SHORT-TERM RENTAL UNIT
Any dwelling unit which is utilized as a single-family dwelling
rented for the purpose of overnight lodging for a period of seven
days or less. Such use shall be permitted as an accessory use to a
dwelling unit in the RA District.
No owner of any property in Pocopson Township shall lease any
short-term rental unit to any person or persons until the Codes Enforcement
Officer or his designee has issued a short-term rental permit.
The Board of Supervisors shall, by resolution, adopt and may,
from time to time by resolution, amend a schedule of fees and charges
for the administration of this article.