[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 NOTICE
A written notice issued by the Codes Compliance Official
to the owner of a residential rental unit, informing the owner of
a disruptive conduct incident based on a disruptive conduct report.
This notice serves as an administrative action and may trigger further
legal or compliance requirements.
[Amended 2-19-2024 by Ord. No. 345-2024]
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct to be completed by
a police officer or Codes Compliance Official who investigates an
alleged incident of disruptive conduct and which shall be maintained
by the Codes Compliance Official.
[Amended 2-19-2024 by Ord. No. 345-2024]
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 for 30 or more consecutive days. 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 short-term rental, as defined in Chapter
135, Zoning, is not a residential rental unit, and is authorized and regulated in accordance with Chapter
135.
[Amended 2-19-2024 by Ord. No. 345-2024]
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.
[Amended 2-19-2024 by Ord. No. 345-2024]
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 before renting the residential rental
unit, if possible 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 14 days. If such owner thereafter
fails to schedule an inspection, the license for such residential
rental unit shall be revoked.
B. After the initial inspection, the Codes Compliance Official shall
inspect residential rental units approximately every two years. The
owner shall provide notice of the date and time of the scheduled inspection
to at least one adult resident of the residential rental unit. 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 14 days. If such owner thereafter fails to schedule an inspection,
the license for such residential rental unit shall 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 if required by the applicable code 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 give 14 days for corrections
to occur. If a reinspection shows that the violations are not corrected
or if the owner fails to schedule or allow a reinspection, 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 14 days. If, after 14 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, or if the owner fails to schedule or
allow a reinspection, the license for that unit shall be revoked,
and if the unit is vacant, it shall remain vacant. A reinspection
fee may be charged as outlined in a resolution.
[Amended 2-19-2024 by Ord. No. 345-2024]
E. The advance notice requirements for inspections shall not apply under
the following circumstances:
[Added 2-19-2024 by Ord. No. 345-2024]
(1) When the Codes Compliance Official has reason to believe that an
imminent threat to public health and safety may exist;
(2) If the Codes Compliance Official is invited on the premises by an
occupant; and/or
(3) Where the Codes Compliance Official has obtained an administrative
search warrant.
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.
[Amended 2-19-2024 by Ord. No. 345-2024]
A. Police officers or the Codes Compliance Official shall investigate
alleged incidents of disruptive conduct and complete a disruptive
conduct report upon a finding that the reported incident constitutes
disruptive conduct. A police officer who investigates an alleged incident
of disruptive conduct shall provide his or her findings to the Codes
Compliance Official. 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. The Codes Compliance
Official shall mail or personally serve the disruptive conduct notice
on the occupant and shall mail it 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 notice to appeal the disruptive
conduct notice. 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 notices, the owner
shall have 10 business days from the date of the third disruptive
conduct notice to begin eviction proceedings against the occupants,
unless there has been an appeal of the disruptive conduct notice filed
in accordance with this article. If an appeal of the third disruptive
conduct notice is filed, the owner shall have 10 business days from
a decision of the Board of Supervisors upholding the determination
that a disruptive conduct incident occurred to commence eviction proceedings.
Failure to take such action will result in the immediate revocation
of the license. The owner shall prosecute the eviction proceeding.
Failure to appear at a hearing before the Magisterial District Judge
resulting in a dismissal of the eviction proceeding shall be considered
a violation of this provision. The residential rental unit involved
shall not have its license reinstated until 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 notice in a twelve-month period.
D. The disruptive conduct notice shall count against all occupants of the residential rental unit. More than one disruptive conduct notice filed against the occupants of a residential rental unit in a twenty-four-hour period shall count as a single disruptive conduct notice 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.