[HISTORY: Adopted by the Board of Supervisors
of the Township of Limerick as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-19-2017 by Ord. No. 381[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 135,
Rental Property, adopted 12-3-1991 by Ord. No. 137.
A The purpose of this article shall be to protect and promote
the public health, safety and welfare of the Township's citizens and
emergency services responders, to establish rights and obligations
of owners and occupants relating to residential rental properties
in the Township and to encourage owners and occupants to maintain
and improve the quality of life and quality of rental housing within
the Township. To accomplish such goals, this article provides for
the systematic registration, licensing and inspection of residential
rental properties within the Township, and penalties, to ensure said
properties are in compliance with applicable Township-adopted building,
property maintenance, fire, and other codes and regulations.
A.
In considering the adoption of this article, the Township makes the
following findings:
(1)
There is a growing concern in the community with the appearance and
physical condition of many residential rental properties;
(2)
There is a perception and appearance of 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;
(3)
Violations of maintenance codes are generally less severe and more
quickly corrected at owner-occupied properties as compared to renter
occupied residential rental properties;
(4)
A residential rental inspection program can avoid life-threatening
problems, such as lack of functioning smoke detectors, faulty mechanical
equipment and inadequate or unsafe electrical equipment;
(5)
The Township is concerned with the condition of a property when emergency
services respond, and for the safety of such emergency responders
and general safety of the occupants;
(6)
The Township desires to account for the number of renter-occupied,
residential rental properties to further the accountability and safety
of the property occupants;
(7)
This Chapter is enacted under the authority of the Second Class Township
Code, 53 P.S. § 6601 et seq., and likewise in accordance
to applicable provisions of the Landlord-Tenant Act of 1951, the Uniform
Construction Code, the International Property Maintenance Code, the
International Fire Prevention Code, and the Pennsylvania Municipalities
Planning Code.
As used in this article, the following terms shall have the
following meanings. If a term is not defined in this article, but
is defined in the International Property Maintenance Code, International
Fire Code, or the Uniform Construction Code, as adopted and amended
by Limerick Township, then that definition shall apply to this section.
Any person designated by the owner of a residential rental
property who has charge, care or control of said residential rental
property.
Limerick Township, Montgomery County, Pennsylvania.
A change of occupant occurs when there is a change in the
identities of any person constituting the Occupant of the residential
rental unit on the residential rental registration or a change in
the number of persons occupying the residential rental unit.
Any state or local code or ordinance adopted, enacted or
in effect, as amended, in and for Limerick Township.
The person charged with administering and enforcing all the provisions of this article and of those other applicable codes and statutes as noted in § 135-4D herein, any assistants or deputies of the same, and any police officers duly appointed.
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings.
Common areas shall be considered as part of the premises for purposes
of this article.
A building including one or more dwelling units.
A residential living area for one household that is used
for living and sleeping purposes and that has its own cooking facilities,
and a bathroom with a toilet and a bathtub and/or shower.
A person on the premises of a regulated rental unit with
the actual and implied consent of an occupant of said regulated rental
unit.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
A building containing two or more dwelling units completely
separated from each other by vertical party walls, including but not
limited to double houses, row houses, townhouses, condominiums, apartment
houses, conversion apartments and converted single-family dwellings.
An individual who resides in a regulated rental unit.
One or more person(s), jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including but not limited to a mortgage holder who
is in possession of a regulated rental unit. If the owner is an entity,
the entity shall appoint an agent or manager to act on behalf of the
owner.
A dwelling unit in which at least an owner of record of the
property resides as his/her primary dwelling.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Any parcel of real property in Limerick Township, including
the land and all buildings and structures, on which one or more residential
rental units is located.
A document issued by the Code Enforcement Officer to the
owner, operator, responsible agent or manager of a residential rental
unit upon compliance with all applicable codes granting permission
to operate a residential rental unit in the Township. Such license
is required for lawful rental to third parties and occupancy by third
parties of any residential rental units under this article, unless
a Code Enforcement Officer has not inspected the unit or violations
of the applicable codes are being corrected and the unit operates
under a residential rental registration, or the residential rental
unit is exempt from the license provisions of this article.
Any parcel of real estate, identified by a tax parcel number
containing at least one residential rental unit.
The form provided by the Township to the owner of a parcel
of land containing at least one residential rental property evidencing
the existence of said residential rental unit(s). This registration
shall be required to be submitted to the Township by January 31 of
each year and within 30 days of any change of occupant. A residential
rental registration shall continue to be required for lawful rental
and occupancy of residential rental units under this article, unless
the residential rental unit is exempt from the registration provisions
of this article. This registration does not warrant the proper zoning,
habitability, safety or condition of the residential rental unit in
any way.
A rooming house unit or dwelling unit let for rent, other than an owner-occupied residential unit, which qualifies as a dwelling unit under applicable Township ordinances. A residential rental unit shall not include a hotel/motel, hospital unit, or nursing home unit and any dwelling excepted out by § 135-4B.
A living unit that does not meet the definition of a dwelling
unit and that is not within a Township permitted hotel or bed-and-breakfast
inn.
An occupant of a residential rental unit with whom a legal
relationship with the owner is established by a written or oral lease
or other enforceable agreement under the laws of the Commonwealth
of Pennsylvania.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
a formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purpose of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sibling, grandchild, great-grandchild, grandparents,
great-grandparents, aunt, uncle, or any of these same relationships
in a step or in-law situation.
A.
It shall be the duty of every owner, operator, responsible agent
or manager to keep and maintain all residential rental units in compliance
with all applicable codes and provisions of all applicable state laws
and regulations and all Township ordinances, and to keep said units
in good and safe condition.
B.
It shall be unlawful for any person, as owner, operator, responsible
agent or manager to conduct or operate, cause to rent, or permit the
occupancy of, any residential rental unit within the Township without:
C.
Owners of all properties possessing one or more residential rental
units and created after the effective date of this article shall register
said units with the Township, on forms to be provided by the Township,
within 30 days of any residential rental unit thereon being leased
to a tenant, and/or occupied by an occupant. Registration of properties
possessing one or more residential rental units shall pay a registration
fee as set forth by Township resolution.
D.
The owner or manager shall receive notices and correspondence, including
service of process from the Township; to arrange for the inspection
of the residential rental unit(s) in accordance with this article
or in the event that the Code Enforcement Officer has identified a
need for inspection due to alleged violations at that residential
rental unit(s); to do or arrange for the performance necessary to
insure continued compliance of the residential rental unit(s) with
the current codes, and other ordinances in effect in the Township.
E.
It shall be the responsibility of every owner or agent to employ
policies and to manage the residential rental units under his/her
control in compliance with the provisions of this article, codes and
applicable laws of the Commonwealth of Pennsylvania.
F.
The owner shall maintain acceptable physical conditions in common
areas, and the owner shall be required to ensure that common areas
and the outside premises are in compliance with applicable commonwealth
and Township laws, codes and ordinances.
G.
Each owner of a residential rental unit shall notify the Code Enforcement
Officer in writing within 30 days after any change in ownership of
the premises or of the number of residential rental units on the premises,
and to submit new contact information for the new owner or manager.
Failure to so notify the Code Enforcement Officer shall be considered
a violation of this article.
H.
The owner shall notify the Code Enforcement Officer in writing within
30 days after the changing of a unit from owner-occupied to being
a residential rental unit for purposes of this article. Failure to
so notify the Code Enforcement Officer shall be considered a violation
of this article.
I.
The owner shall notify the Code Enforcement Officer in writing of
any change of occupant residing in a residential rental unit within
30 days of such a change. Failure to so notify the Code Enforcement
Officer shall be considered a violation of this article. Lack of notice
from, or knowledge of, the occupant's change shall not be a defense
to a violation of this article.
A.
License requirement.
(1)
A valid residential rental license, issued by the Township, shall
be required to be continuously maintained for each leased and/or occupied
residential rental unit in the Township. Owners shall submit a residential
rental registration by January 31 of each year and within 30 days
of change of occupant that contains the following information:
(2)
Owners of a property possessing one or more dwelling units shall
be required to obtain a residential rental license for each dwelling
unit situate thereon prior to that unit being leased to a tenant and/or
occupied by an occupant.
(3)
For a rooming house, a single residential rental license shall be
required for all units within the rooming house building.
(4)
All registration for a residential rental license shall be made on
forms and applications provided by the Township.
(5)
A residential rental license shall not be issued or renewed until
the owner has provided the Township with a certification of compliance
with Township rules, regulations and codes and full and complete information
as requested on the residential rental registration.
B.
Exemptions. The following shall not be considered residential rental
units for the purpose of this article:
(1)
Owner-occupied dwelling units, provided that not more than five unrelated
individuals, in addition to the owner and his/her relatives, occupy
the unit any given time;
(2)
Hotel units;
(3)
Hospitals and state-licensed nursing homes and personal care homes;
(4)
Bed-and-breakfast homes;
(5)
One dwelling unit that is on the same lot as a second dwelling unit,
provided each unit is occupied by the owner and by persons who are
related to the owner;
(6)
On-campus dormitories owned by an accredited college or university;
(7)
Dwelling units that are classified and occupied as in-law suites,
and which are registered with the Township;
(8)
A dwelling unit that is occupied by an immediate family member is
exempt from this article. An immediate family member is parent, grandparent,
son, daughter, stepson, stepdaughter and grandchildren.
C.
License terms and fee.
(1)
Each residential rental license shall be valid for a period of two
years from the date of issuance, or until such time as there is a
change in occupants in a residential rental unit, whichever occurs
first, and at which time the residential rental license shall expire
and a new inspection is required. It is the duty of the owner to contact
the Township to schedule the required inspection of a residential
rental unit 30 days prior to any new occupants.
(2)
The owner shall pay the inspection fee as set forth by Township resolution.
(3)
The Township may not issue or renew a residential rental license
until such time as the owner has paid all fines, costs, or fees arising
from administration or enforcement of this article or while any citations
issued in relation to the residential rental unit are pending.
D.
Inspection.
(1)
The interior and exterior of each residential rental unit shall be
subject to inspection by the Code Enforcement Officer and/or duly
authorized agent as set forth in this article. The Code Enforcement
Officer and/or duly authorized agent shall inspect the residential
rental unit in accordance with the following:
(2)
The Code Enforcement Officer and/or duly authorized agent are empowered to enforce this article and to take appropriate measures to abate violations hereof, for and on behalf of the Township, pursuant to the applicable provisions of the Second Class Township Code and the Limerick Township Code, Chapter 70, titled Code Enforcement, that are in effect at the time of the violation.
(3)
This article shall not be construed as to limit the Code Enforcement
Officer's authority to conduct inspections or enforcement actions
under any other Township code or ordinance, nor shall it be construed
to limit the Township's ability to require that any property be made
available for inspection whenever there is probable cause that a violation
of the Township codes or ordinances may be present.
(4)
To minimize disruption to occupants, owners are encouraged to schedule
inspections during times when a residential rental unit is unoccupied,
between tenants, or during times when occupants are absent from the
residential rental units, and to properly and timely notify the occupants
of any scheduled inspections.
(5)
Search warrants. For the purpose of inspection in accordance with
this article, if entry to any premises, common area or residential
rental unit is denied the Code Enforcement Officer, or if access to
a residential rental unit or a unit reasonably believed to be occupied
in violation of this article cannot be obtained for any reason, the
Code Enforcement Officer may apply to the appropriate authority for
an administrative search warrant. Without limitation, when denied
access, the Code Enforcement Officer may request a warrant for any
one of the following reasons:
(a)
The inspection is part of a systematic inspection, permitting
and enforcement program;
(b)
The Code Enforcement Officer has actual knowledge of, or probable
cause to believe, that there is an existing or potential violation
of applicable Township regulations in the residential rental unit,
including the registration requirements under this article; and/or
(c)
The entry is necessary for the purpose of reinspecting a violation
of a Township regulation previously observed by the Code Enforcement
Officer and which the Code Enforcement Officer ordered to be corrected.
A.
Notice of violations.
(1)
The Code Enforcement Officer shall provide written notice to the
owner of commonwealth and Township code and ordinance violations after
the completion of an inspection of a residential rental unit. It is
encouraged that a copy of said notice be provided to the occupants
of the residential rental unit.
(2)
The owner shall be permitted 30 days from the date of the written
notice of violations to cure all violations enumerated therein. The
only exceptions to this thirty-day cure period are as follows:
(a)
In the event the Code Enforcement Officer determines a residential
rental unit is unfit for human habitation, and/or that the continued
occupation of the residential rental unit poses an imminent threat
to the health, safety and welfare of the occupants or to the neighboring
occupants/owners, the Code Enforcement Officer shall order said unit
to be vacated immediately, and to remain vacated until conditions
are corrected to the satisfaction of the Code Enforcement Officer.
(b)
For serious violations that do not require the property to be
vacated, the Code Enforcement Officer may require said violations
be cured within 24 hours, or any other time period as determined by
the Code Enforcement Officer.
(c)
For violations requiring more than 30 days to cure, the Code
Enforcement Officer may grant, in his or her discretion, the additional
time required to effect a cure, and this period shall be noted in
writing and provided to the owner.
B.
Nonrenewal.
(1)
A Code Enforcement Officer may delay and/or deny the renewal of a
residential rental license if there are outstanding violations of
Township codes for that residential rental unit that have not been
corrected at the time of license renewal.
(2)
If the violations are not a threat to the safety of occupants or
other members of the public, a Code Enforcement Officer may permit
the current occupants to continue to reside in the premises for a
reasonable period of time established by a Code Enforcement Officer
in the notice of nonrenewal, with the time limit removed when the
violations of Township codes are corrected. A Code Enforcement Officer
may issue a temporary residential rental license that is conditioned
upon certain actions being taken within a maximum time period.
C.
Revocation. The immediate revocation of the license to rent a residential
rental unit shall occur if a Code Enforcement Officer determines that
violations of Township codes present a threat to the safety of occupants
or other members of the public. Such revocation shall continue until
violations of Township codes are corrected and the property has been
reinspected.
D.
Suspension.
(1)
A Code Enforcement Officer may suspend the license to rent a residential
rental unit until violations of Township codes have been corrected
within a time limit established by a Code Enforcement Officer. Such
suspension shall continue until such time as the violation(s) of Township
codes are corrected.
(2)
If the violations are not a threat to safety of occupants or other
members of the public, a Code Enforcement Officer shall permit the
current occupants to continue to reside in the premises for a reasonable
period of time established by a Code Enforcement Officer in the notice
of suspension.
E.
Reinstatement. A residential rental license shall be reinstated if
the owner of a residential rental unit corrects the reason for the
revocation of the residential rental license, and the owner has paid
a residential rental license reinstatement fee, if any, and all other
fees and fines as adopted by Township resolution.
F.
Penalties. Any of the following may subject an owner to penalties
as provided for in this section and other Township ordinances and
laws of the Commonwealth of Pennsylvania:
G.
Procedure for nonrenewal, suspension or revocation of license. Following
a determination that grounds for nonrenewal, suspension or revocation
of a residential rental license exist, a Code Enforcement Officer
shall notify the owner or manager of the action to be taken and the
reason therefor. Such notification shall be in writing, addressed
to the owner or manager, and shall contain the following information:
(1)
The address of the premises and/or an appropriate identification
or description of the affected regulated rental unit(s);
(2)
A description of the violation which has been found to exist;
(3)
A statement that the residential rental license for said residential
rental unit(s) shall be suspended, revoked, or will not be renewed
for the next license period unless the violation is corrected within
the time deadline provided in the notice. In the case of a revocation,
the notice shall state the date upon which such revocation will commence;
(4)
A statement that during the residential rental license nonrenewal
or revocation, the property shall not be rented for occupancy except
for any temporary conditional license extension that a Code Enforcement
Officer may issue;
(5)
Information regarding the appeal process.
H.
Appeals. All appeals shall be conducted in accordance with the ordinances
of Limerick Township, any statute of the Commonwealth of Pennsylvania
and any other applicable law.
I.
Notifications.
(1)
Notices of violations and residential rental license suspensions, revocations and nonrenewal shall be sent to the owner, and manager, if applicable, in accordance with the applicable provisions of the Second Class Township Code and the Limerick Township Code, Chapter 70, titled Code Enforcement, that are in effect at the time of the violation.
(2)
The Township shall not be responsible for failing to provide notice
where the owner has not provided a current name and address for the
owner or the manager for the rental unit.
(3)
For purposes of this action, any notice required hereunder to be
given to a manager shall be deemed as notice given to the owner.
(4)
There shall be a presumption that any notice required to be given
to the owner under this section shall have been received by such owner
if the notice was given to the owner in the manner provided by this
article, including a posting of the notice on the premises.
(5)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall not be a defense to residential rental license nonrenewal,
suspension or revocation or an eviction order as long as all required
notices involving such proceedings have been sent to the last known
address of the owner and notice was posted on the property.
A.
Basis for violations. It shall be unlawful for any person, as either
owner or manager of a residential rental unit, to operate said units
without registering the premises possessing said residential rental
unit(s); and/or maintaining a valid and current residential rental
license, as issued by the Township and authorizing such operation.
It shall be unlawful for any person, either owner or manager, to allow
the number of occupants of a residential rental unit to exceed the
maximum number allowed by Township codes, or to violate any other
provision of this article. It shall be unlawful for any owner, manager
or occupants to violate this article.
B.
Penalties. The penalties, fines and remedies shall be in accordance with the applicable provisions in the Second Class Township Code and the Limerick Township Code, Chapter 70, titled Code Enforcement, that are in effect at the time of the violation, any statute of the Commonwealth of Pennsylvania or any applicable law.
C.
Nonexclusive remedies. The penalty provisions of this article and
the residential rental license nonrenewal, suspension and revocation
procedures provided in this article shall not limit the ability of
the Township to enforce other Township codes, regulations or ordinances,
nor shall said penalty provisions limit the ability of the Township
to utilize the penalties, remedies and procedures under such Township
ordinances and state or federal law, if applicable.
A.
Owners separately responsible. If any residential rental unit is
owned by more than one person, in any form of joint tenancy, as a
partnership, or otherwise, such person shall be jointly and severally
responsible for the duties imposed under the terms of this article,
and shall be separately subject to penalties for the violation of
this article.
B.
Stricter standards to apply. In the event that any provision of this
article is inconsistent with the provisions of any other ordinance
in effect in the Township, the provision applying the stricter standard
shall apply.
C.
This article shall not affect violations of any other ordinance,
code or regulation existing prior to the effective date hereof, and
any such violations shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of those ordinances,
codes or regulations in effect at the time the violation was committed.
