[Adopted 4-18-2016 by Ord. No. 301-2016]
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:
CODE
Any state or local law, code or ordinance adopted, enacted or in effect in and for the Township, including, but not limited to, this Rental Property Management Code, codified as Chapter
98 of the Code of Ordinances, and the Property Maintenance Code.
CODES COMPLIANCE OFFICIAL
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.
COUNTY
The County of Lancaster.
DESIGNATED CONTACT PERSON
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.
DISRUPTIVE CONDUCT
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.
DISRUPTIVE CONDUCT REPORT
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.
LICENSE
A residential rental unit license required by and issued
pursuant to the regulations of this article for an individual residential
rental unit.
OCCUPANT
Any person living and sleeping in a residential rental unit
or having actual possession of said residential rental unit.
OWNER
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.
OWNER'S FAMILY
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.
PERSON
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.
POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department
or any other police department providing police protection services
within the Township.
PREMISES
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.
PROPERTY MAINTENANCE CODE
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.
RESIDENTIAL RENTAL UNIT
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.
ROOMING UNIT
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.
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.
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 §Â
98-4B, to the designated contact person. Notice provided to a designated contact person shall be deemed notice provided to the owner.
(1)Â 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)Â
Issue a notice of violation requiring the residential rental
unit be brought into compliance with the Property Maintenance Code
within 10 days.
(b)Â
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)Â 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.
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.