[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-18-2016 by Ord. No. 301-2016[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, Rental Property Maintenance Code, adopted 8-18-2008 by Ord. No.
CCXLIV, as amended.
This article shall be known and may be cited as the Mount Joy
Township Rental Property Management Code.
The purpose of this article and the policy of the Township of
Mount Joy 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 rental housing within the Township. As a means to these
ends, this article provides for a systematic inspection program, registration
and licensing of residential rental units and penalties. In considering
the adoption of this article, the Township makes the following findings:
A.
There is a concern in the Township with the failure of some property
owners to properly maintain residential rental units.
B.
Township records indicate there is a greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied.
C.
Township records indicate that violations of the Township's
ordinances are generally less severe at owner-occupied units as compared
to residential rental units.
D.
Township and Police Department records indicate that there are a
growing number of disturbances at residential rental units.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated as follows:
A person designated by the Township to enforce this article,
including performance of inspections, issuance of notices of violations,
issuance of licenses and prosecuting enforcement actions.
The County of Lancaster.
A person identified by the owner of one or more residential
rental units within the Township to receive reports, notices and other
communications from the Township. Notice sent to a designated contact
person shall be considered notice to the owner.
Any act by an occupant of a residential rental unit or by
a person present at a residential rental unit involving public drunkenness,
consumption of an alcoholic beverage in public, public urination or
defecation, the unlawful deposit of trash or litter on public or private
property, damage to or destruction of public or private property,
the obstruction of public roads, streets, highways or sidewalks, interference
with emergency or police services, unreasonable noise as defined by
the Pennsylvania Crimes Code and case law of the appellate courts
of the Commonwealth of Pennsylvania and/or the United States. Use
of profane or obscene language or gestures, indecent exposure, fighting
or quarreling, or any other act defined as "disorderly conduct" in
the Pennsylvania Crimes Code or any act which otherwise injures or
endangers the health, safety or welfare of the residents of the Township
residing in the neighborhood or vicinity of the gathering. It is not
necessary that such conduct, action, incident or behavior constitute
a criminal offense, nor that criminal charges be filed against any
person in order for said person to have perpetrated, caused or permitted
the commission of disruptive conduct, as defined herein; provided,
however, that no disruptive conduct shall be deemed to have occurred
unless a Codes Compliance Official or a police officer shall investigate
and make a determination that such did occur, and keep written records,
including a disruptive conduct report, of such occurrences. The occupant
and the owner shall be notified of any such occurrences, in writing.
A written report of disruptive conduct to be completed by
a police officer or Codes Compliance Official who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Codes Compliance Official.
A residential rental unit license required by and issued
pursuant to the regulations of this article for an individual residential
rental unit.
Any person living and sleeping in a residential rental unit
or having actual possession of said residential rental unit.
The person who holds record title and/or the equitable owner
under an agreement of sale of a property upon which a residential
rental unit is erected or maintained. If more than one person owns
the residential rental unit as joint tenants, tenants in common, tenants
by the entireties, or tenants in copartnership, each such person shall
be considered an owner and shall have all the duties of an owner under
this section.
The person who holds record title and/or equitable owner
and his or her spouse, son, daughter, and such owner's parents
or owner's spouse's parents only.
A natural individual, unincorporated association, partnership,
corporation, estate, trust or any other legally recognized entity,
and the members of such partnership and the officers of such entities.
The Northwest Regional Lancaster County Police Department
or any other police department providing police protection services
within the Township.
An officer of the Police Department.
Any parcel of real estate within the Township, including
the land and all buildings and appurtenant structures, on which one
or more residential rental units are located.
The Property Maintenance Code of the Township of Mount Joy codified as Chapter 96 of the Code of Ordinances of the Township, as it may be amended from time to time.
1) A rooming unit or 2) a dwelling unit let for rent or 3)
a dwelling unit occupied by any persons other than one occupied solely
by the owner and members of the owner's family. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, and each rooming unit shall be considered
a separate residential rental unit. If a structure contains a rooming
unit or if any portion of the structure is let for rent, it shall
be considered a residential rental unit whether or not the owner or
a relative of the owner also resides in the structure. A residential
rental unit includes dwelling units under lease-purchase agreements
or long-term (greater than six months) agreements of sale. A residential
rental unit shall not include a hotel unit or a hospital room utilized
for medical services.
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. The granting
of permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
The Township of Mount Joy, Lancaster County, Pennsylvania.
A.
It shall be the duty of every owner to:
(1)
Keep and maintain all residential rental units in compliance with
all applicable codes, ordinances and provisions of all applicable
state laws and regulations, including but not limited to the Township
Zoning Ordinance and Property Maintenance Code.[1]
(2)
Keep and maintain all premises in good and safe condition.
(3)
Be aware of and act to eliminate disruptive conduct in all residential
rental units.
(4)
Employ policies to and actually manage the residential rental units
under his/her control in compliance with the provisions of this article,
Township ordinances and applicable state laws.
(5)
Pay or ensure payment of all real estate taxes, sewer charges, water
charges, and trash collection fees to insure that such vital utilities
are provided.
(6)
Obtain and maintain a license for each residential rental unit.
(7)
Provide trash and recyclable collection and disposal services information
and instruct tenants of the method of trash and recyclable collection
(e.g., curbside or dumpster and day of pickup).
(8)
Provide the Township within 10 days of occupancy with the names,
physical address and mailing address, if different, of all tenants
of the residential rental unit and notify the Township of changes
in the occupancy of the residential unit within 10 days thereof.
(10)
Require a written rental agreement for each residential rental unit
which shall include the names of all permitted occupants. Each lease
shall contain a provision and notice to the tenant(s) that if the
license for the leased unit is revoked, the owner shall have the right
to terminate the lease and evict the tenant with 30 days' written
notice, and that tenant agrees this procedure does not violate any
section of the Landlord Tenant Act of Pennsylvania. Further, if the
lease is so terminated as a result of the owner not complying with
the terms of this chapter, the owner may be subject to suit by the
tenant for damages.
(11)
Provide the Township with all required information for a designated
contact person when required to do so by this article.
(12)
Provide at least one fire extinguisher, minimum UL rating of 2A-10B:C,
ABC Dry Chemical, to be placed in the kitchen or in close proximity
to the kitchen, either under the kitchen sink or on a wall-mount bracket.
(13)
Install ten-year sealed lithium battery smoke detectors at such locations
as are required by the Property Maintenance Code, unless the residential
rental unit is provided with an operational hard-wired smoke detection
system.
B.
No license shall be issued to any owner residing more than 20 miles
from the municipal limits of the Township unless the owner provides
the Township with the name, mailing address and telephone number of
a designated contact person residing within 20 miles of the municipal
limits of the Township, authorized to accept service of process on
behalf of the owner. For the purpose of this section, a post office
box is not acceptable for the designated contact person's address.
This designation shall not be valid unless signed by the owner and
the designated contact person. The owner shall notify the Township
within 10 days of any change in the designated contact person.
C.
It shall be unlawful for any person to conduct or operate or cause
to be rented any residential rental unit within the Township without
having a license as required by this article.
E.
It shall be the responsibility of every owner to display the following
information with the license in the residential rental unit:
A.
By December 31 of each calendar year, the owner of each residential
rental unit shall apply for a residential rental license from the
Township, which shall be valid from January 1 to December 31 of the
following year.
B.
The Codes Compliance Official shall issue a license if the owner
provides the name, address and phone number of a designated contact
person (if applicable), pays the registration fee, submits a complete
and accurate occupant listing for the residential rental units by
December 31 of each year and is current on real estate taxes, sewer
fees, water fees and trash collection fees for the residential rental
unit.
C.
The Codes Compliance Official shall deny and may revoke a license
if the owner does not provide the name, address and phone number of
a designated contact person (if applicable), does not pay the annual
registration fee, is not current on real estate taxes, sewer fees,
water fees or trash collection fees for the residential rental unit,
does not correct a code violation within the time frame cited by the
Codes Compliance Official, and/or has not complied with any requirements
of this section.
D.
The Codes Compliance Official shall forward written notice to the
owner if the Codes Compliance Official will deny, refuse to renew
or revoke a license. The notification shall:
(1)
Identify the residential rental unit;
(2)
Set forth the grounds for the denial, nonrenewal or revocation, including
the factual circumstances and the section of this article supporting
such determination; and
(3)
Inform the owner of the right to appeal the denial, nonrenewal or
revocation of the license to the Board of Supervisors under this article.
E.
The Codes Compliance Official may reinstate a license if the owner
corrects the reason for the revocation of the license, has paid the
proper fees, and is otherwise in compliance with this article and
all other applicable rules, regulations, ordinances and laws.
F.
The Board of Supervisors shall be authorized from time to time to
establish by resolution such fees as it determines are necessary to
administer all provisions of this article.
A.
All property owned by the county or any housing authority created
by the county which is inspected annually by those agencies to assess
conformance with federal standards, or properties that are inspected
annually for compliance with the requirements of the United States
Department of Housing and Urban Development or the Pennsylvania Housing
Finance Agency, regardless of the occupants, shall be exempt from
the licensing provisions of this article.
B.
The licensing provisions of this article shall not apply to hospitals,
hotel units or dormitories, fraternity houses and sorority houses
on the Elizabethtown College campus on lands owned by Elizabethtown
College. All student resident structures located on land which is
not owned by Elizabethtown College are subject to all requirements
of this article.
Commencing on July 1, 2016, prior to initial occupancy of newly
constructed residential rental units, newly created residential rental
units, or substantially rehabilitated residential rental units (as
documented by a certificate of occupancy), the owner shall register
with and make written application to the Codes Compliance Official
for a license as herein provided:
A.
Initial inspections will occur in accordance with a phased-in systematic
inspection program to be prepared and made available upon request
by the Codes Compliance Official. A minimum of 30 days' written
notice shall be given for all initial inspections. Any owner who fails
or refuses to schedule an inspection shall be provided with a notice
of violation requiring the scheduling of an inspection within 10 days.
If such owner thereafter fails to schedule an inspection, the license
for such residential rental unit will be revoked.
B.
The Codes Compliance Official shall inspect residential rental units
after completion of the initial inspections under this article in
accordance with a systematic program. Any owner who fails or refuses
to schedule an inspection shall be provided with a notice of violation
requiring the scheduling of an inspection within 10 days. If such
owner thereafter fails to schedule an inspection, the license for
such residential rental unit will be revoked.
C.
The Codes Compliance Official may also inspect residential rental
units upon a change in occupancy of the residential rental unit, upon
receipt of complaints, upon the occurrence of disruptive conduct at
such residential rental unit, or for any other reasonable cause.
D.
If the Codes Compliance Official, upon completion of the inspection, finds that the applicable codes have not been met, the Codes Compliance Official shall issue notices and, if appropriate, commence enforcement actions under the procedure set forth in the code which has been violated. The following notices shall be issued to the owner of the residential rental unit or, if the owner has designated a designated contact person in accordance with § 98-4B, to the designated contact person. Notice provided to a designated contact person shall be deemed notice provided to the owner.
(1)
If the Codes Compliance Official finds violations warranting condemnation
of the residential rental unit under the Property Maintenance Code,
in addition to the remedies under the Property Maintenance Code, the
Codes Compliance Official shall:
(a)
Issue a notice of violation requiring the residential rental
unit be brought into compliance with the Property Maintenance Code
within 10 days.
(b)
If, after 10 days from the date of the notice of violation,
a reinspection reveals that the violations are not corrected and arrangements
satisfactory to the Codes Compliance Official have not been made,
the license for that unit shall be revoked, and if the unit is vacant,
it shall remain vacant.
(2)
If the Codes Compliance Official finds violations not warranting
condemnation of the residential rental unit under the Property Maintenance
Code, the Codes Compliance Official shall issue a notice of violation
requiring the residential rental unit be brought into compliance with
the Property Maintenance Code within 30 days. If, after 30 days from
the date of the notice of violation, a reinspection reveals that the
violations are not corrected and arrangements satisfactory to the
Codes Compliance Official have not been made, the license for that
unit shall be revoked, and if the unit is vacant, it shall remain
vacant.
A license shall not be transferred. In the case of licensed
residential rental units that are sold or transferred, the new owner
shall seek a license for each residential rental unit and have each
residential rental unit inspected. Failure to seek a license for each
residential rental unit within 60 days of the date of sale or transfer
of ownership shall result in the revocation of the license.
It shall be the duty of each occupant of a residential rental
unit to:
A.
Comply with all obligations of this article and all applicable codes
and Township ordinances, as well as all state laws and regulations.
B.
Conduct himself/herself and require other persons, including, but
not limited to, guests on the premises and within their residential
rental unit with their consent, to conduct themselves in a manner
that will not constitute disruptive conduct nor disturb the peaceful
enjoyment of adjacent or nearby dwellings by people occupying the
same.
C.
Not engage in, nor tolerate, nor permit others on the premises to
cause damage to the residential rental unit or engage in disruptive
conduct, or other violations of this article, codes, Township ordinances,
or applicable state laws.
D.
Use the trash and recyclable collection provided by the owner to
include placing trash out for weekly pickup.
E.
Use the residential rental unit for no purpose other than as a residence.
F.
Allow the Codes Compliance Official to inspect the residential rental
unit in accordance with this article at reasonable times.
G.
Not allow persons other than those identified on the lease to reside
in the residential rental unit.
H.
Not allow the possession of, serving to or consumption of alcohol
by underage persons, nor allow the possession of, providing to or
use of controlled substances by any person in an illegal fashion.
A.
Police officers or Codes Compliance Officials shall investigate alleged
incidents of disruptive conduct. The police officer or Codes Compliance
Official conducting the investigation shall complete a disruptive
conduct report upon a finding that the reported incident constitutes
disruptive conduct. The information filed in the disruptive conduct
report shall include, if possible, the identity of the alleged perpetrator(s)
of the disruptive conduct and the factual basis for the disruptive
conduct described in the disruptive conduct report. A copy of the
disruptive conduct report shall be given or mailed to the occupant
and mailed to the owner or designated contact person within 10 business
days of the occurrence of the alleged disruptive conduct.
B.
The occupant or the owner shall have 10 business days from the date
of issuance of a disruptive conduct report to appeal the disruptive
conduct report. The appeal shall be made in writing, shall set forth
all grounds for the appeal, and shall be accompanied by any appeal
fee established by the Board of Supervisors. The appeal shall be submitted
to the Township Secretary with a copy to the Codes Compliance Official.
C.
After three disruptive conduct incidents in any twelve-month period
by an occupant documented by disruptive conduct reports, the owner
shall have 10 business days from the date of the third disruptive
conduct report to begin eviction proceedings against the occupants,
unless there has been an appeal of the disruptive conduct report filed
in accordance with this article. If an appeal of the third disruptive
conduct report is filed, the owner shall have 10 business days from
the decision of the Board of Supervisors to commence eviction proceedings.
Failure to take such action will result in the immediate revocation
of the license. The residential rental unit involved shall not have
its license reinstated until the reinstatement fee is paid and the
disruptive occupants have been evicted, the Magisterial District Judge
has ruled in the occupants' favor, the Magisterial District Judge
has ruled in the owner's favor but has not ordered the eviction
of the occupant(s), or the occupants have filed an appeal to a higher
court or declared bankruptcy, thereby preventing their eviction. The
disruptive occupants, upon eviction, shall not reoccupy any residential
rental unit on the same premises involved for a period of at least
one year from date of eviction. This subsection is not intended to
limit or inhibit the owner's right to initiate eviction actions
prior to the issuance of the third disruptive conduct report in a
twelve-month period.
D.
The disruptive conduct report shall count against all occupants of the residential rental unit. More than one disruptive conduct report filed against the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct report for the purpose of § 98-10C. The Codes Compliance Official shall maintain a list of the names of all occupants evicted as a result of § 98-10C. The names shall remain on the list for a period of three years.
An appeal from any decision of the Codes Compliance Official
shall be taken to the Board of Supervisors. Such appeal shall be made
in writing within 10 business days after such decision has been made.
The appeal shall be verified by an affidavit, shall state the grounds
therefor and shall be filed with the Township Secretary. The appeal
shall be accompanied by the appeal fee, which shall be established
from time to time by ordinance or resolution of the Board of Supervisors.
The appellant or his representative shall have the right to appear
and be heard, if such right is requested in the written appeal. The
Board of Supervisors shall make a decision on such appeal within 30
days of the hearing. The Board of Supervisors shall render a written
decision, copies of which shall be provided to the Codes Compliance
Official and the appellant.
A.
Enforcement. The Code Compliance Officer, Township Zoning Officer,
or other designated person shall be responsible for enforcing the
provisions of this article.
B.
Violations. It shall be a violation of this article to commit or
to permit any other person to commit any of the following acts:
(1)
To lease, let, or allow the occupancy of a residential rental unit
without obtaining a residential rental license where required by this
article.
(2)
To refuse to permit inspections required under this article for a
residential rental unit.
(3)
To fail to perform the duties established by § 98-4 of this article if such person is an owner of a residential rental unit.
(4)
To fail to perform the duties established by § 98-9 of this article if such person is an occupant of a residential rental unit.
(5)
To place false information on or to omit relevant information from
an application for a residential rental license.
(6)
To fail to comply with any other provisions of this article.
C.
Penalties.
(1)
Allowing occupancy of a residential rental unit after the license
has been revoked: a fine of not less than $500 per residential rental
unit for each thirty-day period or fraction thereof that the violation
exists. Each thirty-day period that the violation exists constitutes
a separate violation.
(2)
Allowing occupancy of a residential rental unit without making application
for and obtaining a license: a fine of not less than $500 per residential
rental unit for each thirty-day period or fraction thereof that the
violation exists. Each thirty-day period that the violation exists
constitutes a separate violation.
(3)
Whoever violates any other provision of this article shall, upon
summary conviction for a first offense, be fined no less than $100
nor more than $1,000; upon summary conviction for a second offense,
be fined no less than $200 nor more than $1,000; and upon summary
conviction for a third or subsequent offense be fined no less than
$500 nor more than $1,000.
(4)
In addition to prosecution of persons violating this article, the
Codes Compliance Official, or any duly authorized agent of the Township,
may take such civil or equitable remedies, in any court of record
of the Commonwealth of Pennsylvania, against any person or property,
real or personal, to effect the provisions of this article.
(5)
The provisions of this section and the provisions of this article governing revocation, suspension or nonrenewal of residential rental licenses shall be independent, nonmutually exclusive, separate remedies, all of which shall be available to the Township as may be deemed appropriate. The remedies and procedures in this article are not intended to supplant or replace, to any degree, the remedies provided to the Township in Chapter 96, Property Maintenance, and Chapter 135, Zoning.
(6)
In addition to the fines and penalties set forth in this section,
any person violating this article shall be assessed all costs allowed
by law, including, but not limited to, the Township's attorney's
fees to the maximum extent such fees are recoverable.
