[HISTORY: Adopted by the Borough Council of the Borough of
Morrisville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-16-2017 by Ord. No. 1019]
As used in this article, the following terms shall have the
meanings indicated:
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises. The definition shall not apply to the occupants of a club,
fraternity house, lodge or residential club. Notwithstanding the aforesaid
definition, a family shall include any number of mentally or physically
handicapped persons occupying a dwelling unit as a single, nonprofit
housekeeping unit, if such occupants are handicapped persons as defined
in Title VII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988. Such unrelated individuals shall have
the right to occupy a dwelling unit in the same manner and to the
same extent as any family unit as described previously.
A detached residential dwelling containing three or more
dwelling units. Units may be arranged either entirely in vertical
rows (like townhouses) and are generally located entirely above or
below one another. Units may share outside access and/or internal
hallways, lobbies and similar facilities. The dwelling units cannot
be individually lotted but instead share the lot or tract on which
the building containing them is located. The development is usually
under one operating unit, as a rental or condominium development.
This dwelling type includes but is not limited to low-rise, mid-rise
and high-rise apartments and multifamily conversions as defined below.
LOW-RISE APARTMENTAn apartment building not exceeding three stories and 36 feet in height, also known as a "garden apartment."
MID-RISE APARTMENTAn apartment building exceeding three stories and 36 feet in height but not exceeding six stories and 72 feet in height.
HIGH-RISE APARTMENTAn apartment building exceeding six stories and 72 feet in height but not exceeding 10 stories and 120 feet in height.
MULTIFAMILY CONVERSIONA multifamily dwelling, containing not more than four units, that results from the conversion of a single-family or two-family dwelling, also known as a "converted apartment building.
The legal owner of a property in Morrisville Borough.
A dwelling unit having its own independent outside access,
with no other dwelling units located directly and totally above or
below it, and having party walls in common with at least one but not
more than three adjacent similar dwelling units and located in a building
comprised of at least three dwelling units. Each dwelling unit may
be individually lotted or owned as a condominium. This dwelling type
shall include but not be limited to dwelling units commonly known
as "townhouses," "row houses," "triplexes," "quadruplexes," and "multiplexes."
A dwelling designed for and occupied exclusively as a residence
for only one family and not attached to any other building or dwelling
units.
A two-family building with dwelling units placed side by
side and joined to each other by a vertical common party wall but
otherwise surrounded by yard areas. When lotted, each dwelling unit
may be on a separate lot, with the common boundary between the two
lots running along the common party wall. Separate ingress and egress
is provided to each unit.
A single-family attached dwelling in a row of at least three
units, with one dwelling unit from ground to roof, with individual
outside access. Although these units are in rows, their design should
deemphasize a lined-up appearance.
A residential building containing two dwelling units and
which is not attached to any other building. A two-family building
counts as two dwelling units for density purposes.
A two-family building with one dwelling unit placed above
the other so that they share a common horizontal partition. When lotted,
a duplex shall be entirely on one lot. Separate ingress and egress
is provided to each unit.
A.
All owners of single-family detached dwellings, two-family buildings,
single-family semidetached dwellings, two-family detached dwellings,
single-family attached dwellings, townhouses, multifamily dwellings,
and apartment houses (hereinafter "rental dwellings") intending to
rent their rental dwelling or a portion of their rental dwelling in
the Borough of Morrisville to nonfamily members shall make application
to the Office of Code Enforcement of the Borough of Morrisville for
licensing on an annual basis. Applications shall be available for
inspection at the Borough of Morrisville Office of Code Enforcement.
B.
At the time of the application, the owner making application shall
provide to the Office of Code Enforcement a list of current or proposed
tenants for the calendar year. That tenant list shall include the
tenant's full legal name and any known aliases, address, employment
title and address of employer. If a tenant vacates the owner's
property and is replaced with a new tenant, the owner is obligated
to notify Morrisville Code Enforcement in writing within 60 days and
provide the information required in the aforesaid tenant list about
the new tenant(s).
C.
At the time of application, the owner will be subject to Chapter 407 of Morrisville's Borough Code, and should the owner fall within a category requiring denial of the rental license permit, the owner will be denied the permit.
D.
At the time of application, if the owner has had his license suspended
or revoked in the previous 365 days, the Borough Manager reserves
the right to deny issuance of the rental license for the following
year.
E.
At the time of application, each owner for a license to operate a
rental dwelling shall pay a license fee as set from time to time by
resolution of Morrisville Borough Council.
F.
At the time of application, the owner shall complete a certification
subject to the provisions of 18 Pa.C.S.A. § 4904 which states
that the owner is aware of and intends to comply with all of Morrisville's
ordinances, including but not limited to the International Property
Maintenance Code, the Uniform Commercial Code, and the Borough's
stand-alone ordinances pertaining to grass, weeds, and other vegetation.
G.
Beginning on the effective date of this article, and continuing every year thereafter, applications for rental licenses shall be sent to all registered rental property owners by the Borough. Nonregistered rental property owners who wish to rent their properties pursuant to this article must register with the Borough, obtain an application(s) for a rental license, and file it in accordance with the provisions of this Subsection G. Rental license applications, including all applicable fees, must be completed and returned to the Borough of Morrisville no later than 30 days after the date that the Borough mails the application(s). Upon review of the application(s), the Borough will mail rental license permits within 30 days of the Borough's receipt of the application(s). Notwithstanding any other provisions in this article to the contrary, if a person to whom provisions of this article apply fails to obtain a rental license, the Borough may impose a late fee penalty which shall be established by and may be amended from time to time by resolution of Borough Council.
H.
Upon the application of an owner for a rental license or renewal
thereof, the Office of Code Enforcement shall conduct an inspection
of the property to determine and ensure that the residential rental
property and each unit contained therein is not a public nuisance
or substandard and meets all zoning, health, and safety requirements
and is in compliance with all ordinances and codes of the Borough
of Morrisville. All inspections shall conform to the protection guaranteed
property owner(s) and/or individuals in the Constitution(s) of the
United States and the Commonwealth of Pennsylvania, and an applicant
shall not be issued a rental license until an inspection is performed
by the Office of Code Enforcement.
Any person who violates any provision of this article shall
be issued a citation and, upon conviction by a court of competent
jurisdiction, shall be subject to a fine of $1,000 per nonlicensed
dwelling unit, plus any court costs and reasonable attorneys'
fees incurred by the Borough of Morrisville to enforce this article.
Each day that a person is in violation of any provision of this article
shall constitute a separate offense.
[Adopted 5-20-2019 by Ord. No. 1025]
A.
Purpose.
(1)
It is the purpose of this article and the policy of Morrisville Borough,
in order to protect and promote the public health, safety and welfare
of its citizens, to establish rights and obligations of owners and
transient visitors to maintain and improve the quality of life around
residences throughout the Borough.
(2)
There is a greater incidence of disturbances and violations of various
codes of the Borough which adversely affect the peace and quiet of
the neighborhood at residential properties where owners allow unregulated
transient visitors.
(3)
If unregulated, short-term lodging facilities can create negative
compatibility impacts in residential neighborhoods, including inappropriate
commercialization and disruption of the character of single-family
neighborhoods, excessive noise, on street parking that overwhelms
use by local residents, increased risk of inappropriate conduct for
which enforcement against transients may be difficult, and accumulation
of rubbish and trash.
(4)
A parallel purpose of this article is to ensure safe, healthy and
nondiscriminatory housing arrangements for transient visitors through
a regular licensing and inspection program not hitherto in place for
rentals of single-family dwellings or portions thereof.
B.
Intent. The Council for the Borough of Morrisville intends for this
article:
(1)
To enhance accountability of property owners and transient visitors,
minimize the risk of community disturbances, conflict and violations
of various ordinances and codes of the Borough which are capable of
repetition but evading review, and otherwise protect and promote the
public health, safety and welfare of its citizens.
(2)
To insure safe, healthy and nondiscriminatory housing arrangements
for transient visitors through a regular licensing and inspection
program not hitherto in place for rentals of single-family dwellings
or portions thereof.
(3)
To minimize negative compatibility impacts from excessive noise,
on-street parking that overwhelms use by local residents, increased
risk of inappropriate conduct for which enforcement against transients
may be difficult, and accumulation of rubbish and trash.
(4)
To impose corresponding owner licensing arrangements for transient
accommodations already in place for other residential regulated rental
units.
As used in this article, the following terms shall have the
meanings indicated:
Morrisville Borough.
The individual, individuals, entity or entities indicated
by the Bucks County Board of Assessment records as having legal title
to a property.
An arrangement whereby one or more persons obtain permission
to occupy a property or portion thereof, regardless of whether compensation
or other consideration is passed by a transient visitor to the owner
or an agent of the owner.
The occupancy of a dwelling unit or portion thereof, situated
in a residential districts and not built as a hotel or motel, which
is offered for temporary rental occupancy by transients.
An occupant of a dwelling unit or sleeping unit for not more
than 30 days, unless occupant is related to the owner as married spouse,
parent or child, grandparent or grandchild, or brother or sister.
Unless qualified as a motel or bed-and-breakfast use conducted
in accordance with the Zoning Ordinance,[1] short-term lodging is prohibited throughout Morrisville
Borough except in the following circumstances:
A.
Specific bedroom accommodation. The owner of an owner-occupied single-family
dwelling may rent not more than two bedrooms to transient visitors
for a period of not less than 24 hours and not more than 30 consecutive
days. Under this arrangement, the owner must occupy the residence
during the stay of the transient visitor.
B.
Entire residential unit accommodation. An owner may rent a residential
property he/she/it/they own(s) to transient visitors for a minimum
period of seven consecutive days, not to exceed 90 consecutive or
nonconsecutive calendar days per year (each year shall be January
1 through December 31). Under this type of arrangement, the owner
may, but is not required to, remain on the premises during the stay
of the transient guests.
A.
Before providing any short-term lodging, property owners must obtain
and keep current a short-term lodging license for each property to
be designated as a short-term lodging facility. Such license shall
only be issued if the requirements of this article are met.
B.
Upon application in such form as may be required by the Borough for
a short-term lodging license or renewal thereof, each applicant shall
pay the Borough an annual license and inspection fee in accordance
with the fee schedule. A license for a short-term facility shall not
be transferred or sold and shall expire upon the conveyance of the
property.
C.
Each license will note how many lodgers are permitted for short-term
rental and require the applicant to submit proof of, and remain in
constant compliance with, all of the following:
(1)
An accurately drawn floor plan of the residence showing the number
of bedrooms and location of smoke alarms, carbon monoxide detectors,
and fire extinguishers. Floor plans must show details for every level
of the residence and any attached structures, and the location of
windows and all interior and exterior doorways.
(2)
In the case of short-term lodging where the owner-occupant rents
a specific bedroom accommodation, the floor plan must clearly designate
bedrooms to be used for short-term lodgings, which must be located
within the principal dwelling unit and not in an accessory building.
Any short-term lodging arrangements allowed under this article
must meet all of the following standards:
A.
The dwelling shall remain as a single household residential living
unit with common housekeeping, kitchen and laundry facilities.
B.
The current Morrisville Borough Code of Ordinances will determine
the maximum occupancy of the short-term lodging facility and, in the
case where the owner-occupant rents a specific bedroom accommodation,
the number of individuals permitted in the designated bedroom.
C.
Nothing in this housing ordinance shall allow the license to make
the short-term facility available for use by a transient visitor or
guest for nonresidential purposes, such as, but not limited to, the
lease or use of the property as reception space, party space, meeting
space or for other similar events open to the transient guests.
D.
A short-term lodging facility shall be either of the types set forth in § 400-6 of this article for the entire duration of the annual license unless a new short-term lodging license is obtained and a new license fee is paid. A facility may not change or mix the type of transient accommodation it houses during a licensed period.
E.
The short-term lodging facility shall not adversely affect the residential
character of the neighborhood. Short-term rental may not generate
noise, vibration, glare, odor or other effects that unreasonably interfere
with a person's enjoyment of his or her neighborhood.
F.
The owner shall be responsible for the safety and welfare of all transient visitors and guests, preserving the peace and quiet of the community within which the short-term lodging facility is found from noises or disruptions caused by any transient visitor or guest, and for maintaining the property in accordance with all laws, regulations and ordinances, including but not limited to any conduct which would qualify as a prohibited act within the meaning of Chapter 312, concerning peace and good order, of the Codified Ordinances of the Borough, and promptly report those persons violating the same to the responsible Borough officers and departments for enforcement purposes.
G.
There shall be an annual inspection, conducted by the Borough in
accordance with the fee schedule. The owner of the short-term lodging
facility is responsible for scheduling the inspection and paying the
fee. Failure to do so will result in revocation of the short-term
lodging license.
H.
There shall be no physical changes to the premises so that it no
longer looks like a single-family dwelling, such as constructing a
separate entrance for the use of the transient visitor or guest.
I.
The owner of the short-term lodging facility is responsible for trash
and recycling removal. Lodgers must be notified of trash and recycling
collection days.
J.
With respect to making the property available for use, the owners
of the short-term lodging facility shall comply with all anti-discrimination
provisions under state and federal law.
K.
The owner of the short-term lodging facility must maintain a ledger,
containing information as required by the Borough, which details the
length of stay of each transient visitor and present same to a Morrisville
Borough Code enforcement officer when requested.
A.
General. In addition to or as an alternative from seeking fines under § 400-12 of this article, the Code Official may take administrative disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the short-term lodging facility license, for violating any provision of this article that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided for herein.
B.
Disciplinary actions; other actions. The following constitute the
disciplinary actions and other actions available to the Code Official
under this article:
(1)
Formal warning: Formal written notification of at least one violation
of this article. Upon satisfactory compliance with this article and
any conditions imposed the Code Official and/or Morrisville Borough,
the formal warning shall be removed when the owner applies for license
renewal at a time set by the Code Official or by Morrisville Borough.
(2)
Suspension: The immediate loss of the privilege to rent the short-term
lodging facility for a period of time set by the Code Official not
to exceed one year from the date of suspension of the license. The
owner, after the expiration of the suspension period, may apply for
license renewal without the need to show cause why the owner's
privilege to apply for a license should be reinstated, provided the
owner has paid a new license fee. Upon suspension, the owner shall
take immediate steps to evict, and disallow any further use by, all
transient visitors at the short-term lodging facility through the
end of the suspension period and any unlicensed period.
(3)
Revocation: The immediate loss of the privilege to rent the short-term lodging for any period of time longer than designated in § 400-6 or for a second or subsequent suspension of the license for the same facility, as may be determined by the Code Official. Upon revocation, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the suspension period and any unlicensed period.
(4)
Reinstatement: A short-term lodging license shall be reinstated from suspension or revocation if the owner or operator of a short-term lodging facility corrects all reason(s) for the suspension or revocation of the short-term lodging license and has paid a new license fee and all court penalties, if any, obtained pursuant to § 400-12 of this article.
(5)
Nonrenewal: The denial of an application for license renewal after
expiration of any license term due to the owner to comply with the
requirements of this article or failure to correct the conditions
for which his or her license was previously suspended or revoked.
Unless otherwise prohibited by the suspension or revocation of a short-term
lodging license, the Borough will permit the owner to maintain transient
visitors in the premises until the end of the license term but will
not accept applications for renewal of the license until a time set
by the Code Official or by Morrisville Borough, such time not to exceed
one year from the renewal date.
(6)
Other remedies: Nothing in this article shall limit the right, power
or jurisdiction of the Borough to proceed against the owner or any
transient visitor or guest under any other law, regulation or ordinance.
C.
Criteria for applying sanctions. The Code Official, when applying
sanctions, shall consider the following:
(1)
The effect of the violation on the health, safety and welfare of
the occupants of the short-term lodging facility and other residents
of the premises.
(2)
The effect of the violation on the neighborhood.
(3)
Whether the owner has prior violations of this article and other
ordinances of the Borough or has received notices of violations as
provided for in this article.
(4)
Whether the owner has been subject to sanctions under this article.
(5)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(6)
Notwithstanding any past or pending administrative action taken to suspend, revoke, or not renew a license for short-term lodging facility license, upon conviction of a second or subsequent offense under § 400-12 of this article within any five-year period, the owner of the facility, and his/her successors, heirs and assigns, shall be disqualified from using the property as a short-term lodging facility for a period of two years.
D.
Reasonable conditions. In addition to enforcing sanctions as set
forth above, the Code Official may impose upon the existing or subsequent
licenses reasonable conditions related to fulfilling the purposes
of this article.
E.
Search warrant. Upon a showing of probable cause that a violation
of this article or any other ordinance of the Borough has occurred,
the Code Official may apply to the Magisterial District Judge having
jurisdiction in Morrisville Borough for a search warrant to enter
and inspect the premises.
A.
Form of notification. Following a determination by the Code Official
that grounds for nonrenewal, suspension or revocation of a short-term
lodging license exist, the Code Official shall notify the owner of
the action to be taken by the Code Official and the reason therefor.
Such notification shall be in writing, addressed to the owner in question,
and shall contain the following information:
(1)
The address and identification of the particular short-term lodging
facility affected.
(2)
A description of the violation which has been found to exist.
(3)
A statement that the license for said short-term lodging facility
shall be either suspended or revoked, or will not be renewed for the
next license period. In the case of a suspension or revocation, the
notice shall state the date upon which such suspension or revocation
will commence, and in the case of a suspension shall also state the
duration of said suspension and may extend into a period of license
renewal. A revocation shall last through the end of the current license
period and may be combined with a period of disqualification for renewal.
(4)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner is prohibited from allowing use of
the facility by transients.
B.
Delivery of notification. The Code Official shall post the notice at a conspicuous place at the short-term lodging facility and transmit a copy to the owner by personal delivery and/or some method documenting delivery thereof through United States Postal Service or a private carrier to the owner or an adult person in responsible possession of the residence or business of the owner. In the event such personal delivery or documented delivery cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner at the address stated on the most current license application for the short-term lodging facility in question, by regular first class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. mail, and all time periods set forth under § 400-4, above, shall thereupon be calculated from said fifth day.
C.
Appeals. Any owner affected by a decision of the Code Official or
a notice or order issued by the Code Official shall have the right
to appeal to the Zoning Hearing Board, provided that a written application
for appeal is filed within 10 days after the day the decision, notice
or order was served. An application for appeal may be made when it
is claimed that the true intent of the codes or rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, and/or whether the period of license suspension,
revocation and/or nonrenewal was appropriate.
The provisions of this article are severable. If any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this article.
It is hereby declared to be the intent of the Borough Council that
this article would have been adopted if such illegal, invalid or unconstitutional
section, clause, sentence or part of a provision had not been included
herein.
A.
Summary offense. Any person, firm, or corporation who shall violate
a provision of this article or shall fail to comply with any of the
requirements hereof, or the Building Code[1] of the Borough, or shall be in violation of an approved
plan or directive of the Code Enforcement Officer shall, upon conviction
thereof before a Magisterial District Judge of the Borough of Morrisville,
be liable to pay the following penalties:
B.
Enforcement in equity. The Borough is authorized to enforce this
article through an action in equity brought in the Court of Common
Pleas of Bucks County, Pennsylvania, or its successor court.
