[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:
APARTMENT
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.
BOARDING HOUSE
A building arranged for use for lodging, with or without
meals, not occupied as a single-family unit.
CERTIFICATE OF OCCUPANCY
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.
CODE
Any code, ordinance and/or regulation adopted or enacted
by the Township.
CODE ENFORCEMENT OFFICER
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.
DUPLEX
Consists of two dwelling units rented, leased or let out.
DWELLING
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.
DWELLING UNIT
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.
FAMILY
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.
MULTI-UNIT
Consists of two or more dwelling units rented, leased or
let out.
MUNICIPALITY
The Township of Tinicum located within the County of Delaware,
Commonwealth of Pennsylvania.
OPERATOR
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.
OWNER
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.
PROPERTY
Shall consist of land, buildings, structures and other improvements
for the use of operating a dwelling unit(s).
QUADRAPLEX
Consists of four dwelling units rented, leased or let out.
RENTAL UNIT
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.
ROOMING HOUSE
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.
TENANT
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.
[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:
A. Permit fees.
(1) One hundred fifty dollars for the annual rental dwelling permit;
(2) One hundred dollars for each revision to the annual rental dwelling
permit resulting from a change of ownership or occupancy.
B. Inspections fees.
(1) All inspections requiring in excess of one hour to complete shall
incur inspection fees at the rate of $100 per additional hour;
(2) Property owners or agents of property owners requiring re-inspections
shall pay an additional $75 for each additional inspection required.
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.