[HISTORY: Adopted by the Board of Commissioners of the Township
of Tinicum as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-18-2007 by Ord. No. 808]
This article shall be known and may be cited as the "Rental
Dwelling Permit Ordinance."
The purpose of this article is to protect and promote the public
health, safety and welfare of the residents within Tinicum Township,
Delaware County, Pennsylvania, and to establish the obligations of
both owners and tenants of rental units within the municipality to
maintain the quality of rental units by compliance with the provisions
of this article and other applicable ordinances and/or regulations
of the Township of Tinicum.
As used in this article, the following words or phrases shall
have the meaning ascribed to them in this section except where the
context clearly indicates a different meaning:
A building containing two or more dwelling units, such as
a duplex, quadraplex, or multiplex, whether having independent or
common means of egress, including common areas.
A building arranged for use for lodging, with or without
meals, not occupied as a single-family unit.
A statement signed by the Code Enforcement Officer setting
forth that the use of a building or structure legally complies with
the applicable codes and regulations and that the same may be used
for the purposes stated therein.
Any code, ordinance and/or regulation adopted or enacted
by the Township.
Any person specifically designated as such by the Tinicum
Township Board of Commissioners to enforce this article and shall
include the duly authorized representatives of said Code Enforcement
Officer.
Consists of two dwelling units rented, leased or let out.
Any building or structure, except temporary housing, which
is wholly or partly used or intended to be used or available for use
or available to be used for living or sleeping by human occupants.
A single unit providing complete independent living facilities
for one or more persons functioning as a family, including permanent
provisions for living, sleeping, eating, cooking and sanitation. A
single-family dwelling and a condominium unit shall be considered
a dwelling unit.
Two or more persons living together as a single nonprofit
housekeeping unit and doing their cooking on the premises, excluding,
however, occupants of a club, fraternity house, lodge, dormitory,
rooming house, or nursing home which is not owned by the individuals.
Consists of two or more dwelling units rented, leased or
let out.
The Township of Tinicum located within the County of Delaware,
Commonwealth of Pennsylvania.
Any person, corporation, partnership or similar entity which
has charge, care or control of property or any part thereof in which
dwelling units are let within Tinicum Township.
Any person, corporation, partnership or similar entity which,
alone or jointly or severally with others, shall have legal title
to any dwelling or dwelling unit, with or without accompanying actual
possession thereof; or shall have charge, care or control of any dwelling
or dwelling unit as an owner or agent of the owner, or as executor,
administrator, trustee or guardian of the estate of the owner.
Shall consist of land, buildings, structures and other improvements
for the use of operating a dwelling unit(s).
Consists of four dwelling units rented, leased or let out.
A rental unit is any dwelling, structure, building, ground,
or portion thereof, that is occupied or used under an individual rental
agreement with a tenant.
Any dwelling, or part thereof containing one or more rooming
units, in which space is let by the owner, operator or manager to
three or more persons who are not related to each other by blood,
adoption, marriage or formal foster relationship.
An occupant of a regulated rental unit with whom a legal
relationship with the owner, operator or manager is established by
a lease or other enforceable agreement under the laws of the Commonwealth
of Pennsylvania.
A.
No owner, manager, agent or other person in control of property within
Tinicum Township shall operate, rent, lease, let out or permit the
same to be occupied without first applying for and securing the following
permits issued by the Code Enforcement Officer:
(1)
An annual rental dwelling permit for each dwelling unit, rooming
house and boarding house, issued pursuant to the provisions of this
article and other applicable ordinances, rules and regulations enacted
by the Board of Commissioners of Tinicum Township.
B.
All permits shall be issued by the Code Enforcement Officer upon
application and compliance by the owner, manager, agent or other person
in control of the property, of all applicable Tinicum Township ordinances
and any other rules and regulations adopted pursuant thereto.
C.
All such permits issued shall be displayed in a conspicuous place
within the dwelling unit, rooming house or boarding house at all times.
No such permit shall be transferable.
D.
A new rental dwelling permit and certificate of occupancy shall be
required whenever there is a change of ownership or use of the property;
or whenever there is a change of occupancy.
E.
Every such permit shall expire one year from the date of its issuance
unless sooner suspended or revoked for noncompliance. The requirements
of this article and the permitting procedure are in addition to any
other requirements for rental dwelling units within Tinicum Township.
A.
Upon display of proper identification, the Code Enforcement Officer
or the authorized agent of the Township, or other representative of
the Township, is authorized and directed to make inspections to determine
the condition, occupancy and/or use of any dwelling or dwelling unit
rented or available for let or any rooming house or boarding house
located within Tinicum Township, in order to safeguard the health
and safety of the occupants thereof and the general public.
B.
The Code Enforcement Officer is authorized to enter the same for
the purposes of examining and surveying all areas of any such dwelling,
dwelling unit, rooming house or boarding house at reasonable times,
which shall be determined to be between the hours of 9:00 a.m. and
5:00 p.m., prevailing time. Every owner or occupant of any such dwelling,
dwelling unit or rooming house shall extend to the Code Enforcement
Officer access to such dwelling, dwelling unit or rooming house for
the purposes of making any inspection, examination or survey thereof.
C.
In the event that permission to enter any such dwelling, dwelling
unit or rooming house or boarding house for the purpose of inspection,
examination or survey is denied, the Code Enforcement Officer or other
authorized Township representative may apply upon a showing of probable
cause to the appropriate judicial authority for an administrative
search warrant.
[Amended 2-19-2013 by Ord. No. 861; 9-16-2013 by Ord. No. 863]
The owner, operator, manager, agent or other person in control
of property requesting a rental dwelling permit shall file an application
provided by the Township, and pay the fees set forth hereinafter:
It shall be unlawful for any owner, manager, agent or other
person in control of any dwelling or dwelling unit to which this article
applies, other than an owner occupied single-family building, to allow
occupancy of any dwelling unit on the premises by another, or to represent
to the general public that such premises or any part thereof is for
rent, lease or occupancy unless such owner, operator, agent or other
person in control of said property has been issued a valid permit
for such dwelling unit or dwelling and such permit has not been suspended
or revoked.
When the Code Enforcement Officer determines that there exists
a violation of any provision of this article, he shall serve written
notice of such violation to the person or persons responsible as herein
provided. Such notice shall state the nature and scope of the violation
and allow for 20 days for the performance of any repairs to bring
the property in compliance with this article. In the event that the
violations are not cured within 20 days, the Code Enforcement Officer
shall have the right to pursue all legal remedies provided under the
penalties and violations sections of this article.
The owner, operator, manager, agent or other person in control
of the property within Tinicum Township who violates any provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine not exceeding $1,000 plus costs of prosecution and, in default
of payment of such fine and costs, shall be imprisoned for a period
not to exceed 30 days. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues without
abatement.
In addition to all other remedies and penalties provided by
this article and other Tinicum Township ordinances, the Township Solicitor
may bring suit in a court of competent jurisdiction to seek an injunction
or other appropriate relief to halt any violation of this article.
Such action may include seeking a temporary restraining order or temporary
injunction and other appropriate temporary relief. Nothing in this
article shall be deemed to restrict a suit for damages on behalf of
the Township or on behalf of any other person or entity.
