[HISTORY: Adopted by the Board of Supervisors of Upper Merion
Township 2-21-2019 by Ord. No. 2019-858.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 127.
[1]
Editor's Note: This ordinance also repealed former Ch. 132,
Residential Rental Housing Licensing and Inspection, adopted 12-7-2017 by Ord. No. 2017-851.
A.
Purposes. This chapter is intended to serve
the following purposes:
(1)
To assist Upper Merion Township ("Municipality")
in protecting and promoting the public health, safety and welfare
of its citizens;
(2)
To establish rights and obligations of
owners and occupants relating to the rental of certain residential
units in the Municipality and to seek that such units are properly
maintained by the owner, its property manager and occupants;
(3)
To ensure that owners, property managers
and occupants share responsibilities to comply with Codes, to prevent
over-crowding, and to avoid nuisances for neighboring residents; and
(4)
To provide for a system of inspections;
issuance and renewal of licenses; and establish penalties for violations.
B.
Findings. In considering the adoption of
this chapter, Upper Merion Township makes the following findings:
(1)
This chapter is pursuant to the authority
granted by the Pennsylvania Second Class Township Code.
(2)
There is a greater likelihood of violations
of various Municipal ordinances at rental residential communities
than at owner-occupied residential properties, which may impact the
health safety and welfare of the citizens of this municipality who
reside within rental residential properties.
(3)
There is greater difficulty in monitoring
the maintenance and upkeep of rental residential properties than owner-occupied
residential properties without a system to insure the proper maintenance,
inspections, licensing and occupancy of such units.
(4)
There is a greater drain on municipal resources
resulting from increased incidence of disturbance of the peace and
quiet of the neighborhood in which rental residential properties are
located.
(5)
A systematic inspection process can assist
in protecting the health, safety and welfare of those citizens who
reside in rental residential properties and the municipality at large,
and reduce the amount of resources which must be expended to insure
that rental communities become an asset of municipality rather than
a liability.
The following words and phrases when
used in this chapter shall have the meanings given to them in this
section unless the context clearly indicated otherwise:
Days in which the municipality is open to the public for
business.
Any code or ordinance adopted, enacted, and/or in effect
in the Municipality.
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 chapter.
A building which includes one or more dwelling unit(s).
A residential living area for one household that is used
for living and sleeping purposes, which has its own cooking facilities,
a bathroom with a toilet and bathtub and/or shower.
An adult individual designated by the owner of a regulated
rental unit under this chapter who is responsible for the day to day
maintenance, upkeep, and leasing of a regulated rental unit. The manager
shall be the agent of the owner for all purposes under this chapter.
A building containing two or more dwelling units.
The individual, duly appointed by the Municipality with the
responsibility of enforcing this chapter, any assistants or deputies
thereof and any other Code Enforcement Officer of the Municipality.
Upper Merion Township.
An individual who resides in a regulated rental unit.
One or more person(s), corporation, partnership, or limited
liability company, who jointly or severally, have legal title to a
regulated rental unit, dwelling unit or building.
A dwelling unit which is occupied by at least one owner.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
Any parcel of real property in the Municipality, including
the land and all buildings and structures located thereon, on which
one or more regulated rental units is located.
A dwelling unit or rooming house unit that is used for residential
purposes and that is not an owner-occupied dwelling unit or otherwise
exempted by this chapter. A college fraternity or sorority used for
residential purposes shall be considered regulated rental units, unless
it is within a dormitory that is owned by a college.
An agreement written or otherwise between owner and tenant/occupant.
A living unit that does not meet the definition of a dwelling
unit, but which serves as either temporary or permanent living quarters
for an occupant/tenant.
An occupant of a regulated rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
A.
General.
(1)
It shall be the duty of every property
owner to submit a monthly current rent roll in order for the Municipality
to verify changes in tenancy.
(2)
It shall be the duty of every property
owner to notify the Municipality when a regulated rental unit becomes
vacant.
(3)
It shall be the duty of every property
owner to keep and maintain the premises and each regulated rental
unit in a good, clean, and safe condition and in compliance with all
applicable Codes and Ordinances of the Municipality and the Commonwealth
of Pennsylvania.
(4)
The property owner and/or property owner's
agent shall accompany the Municipal Enforcement Official to all scheduled
inspections conducted pursuant to this chapter.
B.
Designation of property manager/property
owner's agent.
(1)
The property owner may designate a person
to serve as property manager of all units owned (hereinafter "owner's
agent"). The owner's agent shall have the authority to act on behalf
of the property owner. The owner's agent shall be the agent of the
property owner for service of process and receiving of notices and
demands, as well as for performing the obligations of the property
owner under this chapter and under rental agreements with occupants.
(2)
The legal name, mailing address, daytime
physical address (not a post office box), and day time and evening
telephone number(s) of the owner's agent shall be provided in writing
to the Municipality by the property owner and such information shall
be kept current and updated within five business days after it changes.
C.
Disclosure. The property owner or owner's
agent shall disclose to the occupant in writing on or before the commencement
of the tenancy: the name, address and telephone number of the owner's
agent.
D.
Maintenance of premises.
(1)
The property owner, owner's agent, and/or
occupant shall keep and maintain the premises in compliance with all
applicable Codes and Ordinances of Upper Merion Township and all applicable
Commonwealth laws and shall keep the premises in good, clean, and
safe condition including all routine maintenance, lawn mowing, ice
and snow removal, and shall promptly make any and all repairs necessary
to fulfill this obligation.
(2)
The property owner and occupant may agree
that the occupant is to perform specified repairs, maintenance tasks,
alterations, or remodeling if such responsibilities are established
in writing. If the occupant is unable or unwilling to comply with
or perform the required responsibilities or meet the requirements
of this chapter, then the property owner shall be held responsible
by the Municipality for all required repairs.
(3)
The existence of an agreement between the
property owner and the occupant shall not relieve the property owner
of any responsibility under this chapter for proper repair and maintenance
of a building or premises. The property owner shall obtain all permits
necessary, from the Municipality, to perform any required repairs.
(4)
Buildings that contain locking entry doors
(security doors) at entry points to the building shall include a rapid
key access system as approved by the Fire Marshal.
(5)
Buildings containing a fire suppression
system shall have the system inspected and certified by an approved
and qualified fire protection system contractor who is trained and
experienced in the maintenance and inspection of fire suppression
systems with a copy of the certification to be provided to the Municipality.
Inspection and maintenance shall be in accordance with the appropriate
NFPA standard.
(6)
Buildings containing a fire detection and/or
alarm system monitored by a central station shall have the system
inspected and certified by an approved and qualified monitoring system
contractor who is trained and experienced in the maintenance and inspection
of monitoring systems with a copy of the certification to be provided
to the Municipality. Inspection and maintenance shall be in accordance
with the appropriate NFPA standard.
E.
Rental agreement and addendum.
(1)
All rental agreements between property
owners and tenants for regulated rental units shall be in writing.
(2)
A rental agreement may not include terms
and provisions which are contrary to the provision of this chapter.
(3)
Addendum to rental agreement. The addendum
attached hereto as Exhibit "A"[1] shall be made a part of each rental agreement for regulated
rental units and shall be provided by the property owner to the occupant
before a rental agreement is presented for signing by an occupant.
The property owner shall furnish to the Municipality copies of the
addendum within 10 days after entering into a rental agreement.
[1]
Editor's Note: Said addendum is included as an attachment to this chapter.
F.
Common areas. The property owner shall
be responsible for ensuring that the common areas and the premises
are in compliance with all applicable Municipal ordinances.
G.
Violations. Upon receiving notice of any
violations of this chapter from the Municipal Enforcement Official,
the property owner shall take necessary action, or cause such action
to be taken, to eliminate the violation within the time limit provided
on the notice or citation, which shall include but not be limited
to acquiring all necessary building and related permits from the Municipality
for the required repairs, as applicable.
A.
General. The occupant shall comply with
all obligations imposed by this chapter, all applicable Codes and
Municipal Ordinances and such applicable provisions of federal or
Commonwealth law.
B.
Health regulations. Occupants shall collect
and dispose of all rubbish, garbage, and other waste in a clean and
sanitary manner, and dispose of same in such manner as may be designated
by owner or owner's agent, as may be approved by the Health Department
of the Montgomery County, as applicable.
C.
Inspection of premises. Owner or owner's
agent shall permit inspections by a Municipal Enforcement Official
of the premises between 6:00 a.m. to 6:00 p.m. Monday through Friday.
A.
Registration requirement.
(1)
A regulated rental unit shall not be occupied/re-occupied
until:
(a)
The owner has provided information
concerning an owner's agent, if applicable.
(b)
The unit is inspected by the Municipal
Enforcement Official and found in compliance with the requirements
of this chapter. Such requirements include complying with a rental
inspection checklist to be adopted by the Municipality by resolution,
which may be amended from time to time.
(2)
The following shall not be considered regulated
rental units for the purposes of this chapter:
(a)
Owner-occupied dwelling units.
(b)
Hotels and motels used for transient
visitors to the area, but without units that serve the same purposes
as rooming house units.
(c)
Hospitals and state-licensed nursing
homes and personal care homes.
(d)
One dwelling unit that is on the
same lot as a second dwelling unit, provided the two dwellings are
only occupied by the owner and persons who are related by blood to
the owner.
(e)
On-campus dormitories owned by an
accredited college or university.
(f)
Units owned by the Municipal or County
Housing Authority. Dwelling units that are owned by the Municipal
or County Housing Authority of the Municipality shall be exempted
from the requirements of this chapter. However, dwellings owned by
the Municipal or County Housing Authority shall be required to comply
with requirements of this chapter unless such provision is specifically
preempted by federal law.
(g)
A single-family detached dwelling
being utilized as a rental unit containing only one dwelling unit.
B.
Inspection fees. The inspection fees for
regulated rental units are as follows:
(1)
All fees related to inspections of a regulated
rental unit shall be as provided in the Fee Schedule adopted by resolution
of the Municipality, which may be amended from time to time.
(2)
If a second or subsequent reinspection
is needed for a regulated rental unit, then an additional fee shall
apply for each inspection. Such fees may apply if a reinspection is
required due to the fact that the appropriate Municipal official was
unable to enter the unit at the time of the scheduled inspection.
C.
Inspections.
(1)
The Municipality will inspect each regulated
rental unit located within the Municipality at a time such unit is
unoccupied. The property owner or owner's agent must notify the Municipality
when a unit becomes vacant and the property owner or owner's agent
must schedule the required inspection prior to the unit being occupied/reoccupied.
(2)
The Municipal Enforcement Official shall
be the officials authorized to enforce this chapter and to take appropriate
measures to abate violations hereof, for and on behalf of the Municipality.
(3)
The property owner or owner's agent shall
permit, schedule and accompany the Municipal Enforcement Official
on all inspections of regulated residential units and premises between
6:00 a.m. to 6:00 p.m., Monday through Friday.
(4)
An successful inspection by itself shall
not warrant that a regulated rental unit is lawful, safe, habitable
or in compliance with any other applicable Municipal ordinances.
(5)
The Municipal Enforcement Official may
waive an inspection of a regulated rental unit if the unit was recently
constructed or renovated, the regulated rental unit was inspected
by the Municipality for Code compliance, and a use and occupancy certificate
was issued relating to the new construction or renovation.
(6)
This chapter shall not be construed as
to limit the Municipal Enforcement Official's authority to conduct
inspections or enforcement actions under other applicable Municipal
ordinances or to require that a property be made available for inspection
whenever there is a complaint or probable cause that a violation of
a Municipal ordinance may be present.
D.
Warrant. Within the limitations of federal
and Commonwealth law, a Municipal Enforcement Official may apply to
a Magisterial District Justice having jurisdiction hereunder for an
administrative search warrant to enter and inspect a regulated rental
unit and the premises. Such warrant may be required where access to
a regulated rental unit or common area is denied to the Municipal
Enforcement Official after a request made for inspection or reinspection
under this chapter, or where the Municipal Enforcement Official has
actual knowledge of, or probable cause to believe, that there is an
existing or potential violation of applicable Municipal regulations
in the regulated rental unit or common area, including the registration
requirements under this chapter. No warrant is required if an imminent
danger to health and safety exists, or the Municipal Enforcement Official
has probable cause to believe that an imminent dangerous condition
exists.
A.
A Municipal Enforcement Official may deny
the ability to occupy/reoccupy a regulated rental unit if there are
outstanding violations of this chapter, including, but not limited
to, the failure to notify the Municipality of a vacancy or change
in occupancy, or violations of other applicable Municipal ordinances.
If a unit is occupied and it is determined that any violation presents
a threat to the safety of the occupants or other members of the public,
or the unit is unfit for human habitation, the owner shall take immediate
steps to remove and relocate the occupants, with the right to reoccupy
the regulated rental unit being reinstated after reinspection and
the unit coming into compliance with the stated violation(s). Otherwise,
the current occupants may continue to reside in the unit pending resolution
of the violation(s).
B.
A regulated rental unit shall remain in
violation until the payment in full of all fines and costs arising
from outstanding fees or enforcement actions taken pursuant to this
chapter.
C.
A Municipal Enforcement Official may deny
the ability to occupy/reoccupy a regulated rental unit if the owner
or the owner's agent did not appear for a scheduled inspection, or
if the name and contact information for the owner or owner's agent
are no longer valid, and were not updated as required by this chapter.
D.
Notice of violations. The Municipal Enforcement
Official shall provide written notification of violations of the applicable
Municipal ordinance(s) and require that they be corrected within a
reasonable period of time, as may be established by the Municipal
Enforcement Official in their reasonable discretion.
(1)
If a Municipal Enforcement Official determines
that a regulated rental unit is unfit for human habitation, the unit
shall be vacated and remain vacated until such as the violation is
corrected.
(2)
The Municipal Enforcement Official may
require a violation to be corrected within 24 hours, or such other
expedited time period as the Municipal Enforcement Official may determine,
if the Municipal Enforcement Official reasonably believes that there
is an imminent threat to the health, safety or welfare of the occupant,
tenant or the public at large. Such time period for corrective action
shall be provided on the notice of violation with an explanation of
the corrective action necessary for the unit to come into compliance.
(3)
Notices of violations and/or denials of
occupancy shall be sent to the owner, or owner's agent, if applicable,
by regular mail. Any notice given to an owner's agent shall be deemed
as notice given to the owner. A claimed lack of knowledge by the owner
of any violation shall not be a defense to a violation, denial of
occupancy, or an eviction order if notices involving such proceedings
have been sent to the last known address of the owner or owner's agent
and/or the owner's mailing address provided on the Montgomery County
Board of Assessment records.
A.
Any person affected by a decision, violation
notice, report or order of a Municipal Enforcement Official under
this chapter shall have the right to appeal to the Municipality's
Property Maintenance Board of Appeals.
B.
An application for appeal may be made when
it is claimed that the provisions of this chapter have been improperly
applied or administered or that factual errors were made by the Municipal
Enforcement Official, or for such other grounds under this chapter
as the applicant may allege. A written application for appeal is required
to be filed within 30 days after the day the decision, report, notice
or order was received or served. A fee as identified within the Fee
Schedule shall be paid in advance by the person requesting the hearing
for each appeal to the Municipality's property Maintenance Board of
Appeals.
A.
Basis for violation. It shall be unlawful
for any person, as either owner or owner's agent of a regulated rental
unit, to permit the occupancy of a regulated rental unit without notifying
the Municipality of the regulated rental unit's previous vacancy and
passing an inspection from the Municipality as established in this
chapter. It shall also be unlawful for any person to allow the number
of occupants of a regulated rental unit to exceed the maximum number
allowed by applicable Municipal Ordinance(s).
B.
Penalties.
(1)
Any person who shall violate a provision
of this chapter, or should fail to comply therewith, or with any of
the requirements thereof, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
such person may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. If the penalty is not
paid, the Municipality may initiate a civil action for collection
in accordance with the Pennsylvania Rules of Civil Procedure. Each
day a violation exists shall constitute a separate offense, and each
section of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Municipality may enforce this chapter in equity in the Court of
Common Pleas of Montgomery County.
(2)
In addition to the penalties set forth
above, an owner or owner's agent may be required to evict or relocate
an occupant of a regulated rental unit and, if warranted under this
chapter, prohibit future occupation of the unit until such conditions
are corrected.
C.
Nonexclusive remedies. The penalty provisions
of this chapter shall not limit the ability of the Municipality to
enforce other Municipal ordinances and to utilize the penalties, remedies
and procedures provided under such other Municipal ordinances and/or
federal or Commonwealth laws.
A.
Changes in ownership/occupancy.
(1)
Each owner of a regulated rental unit shall
notify the Municipality in writing within five business days after
any change in ownership of the premises or of the number of regulated
rental units on the premises, and to submit new contact information.
(2)
The owner shall notify the Municipality
in writing within a maximum of five business days after the changing
of a dwelling unit from owner-occupied to being a regulated rental
unit for purposes of this chapter. Failure to so notify the Municipality
shall be considered a violation of this chapter.
B.
Owners separately responsible. If any regulated
rental unit is owned by more than one person, in any form of joint
tenancy, as a partnership, or otherwise, each person shall be jointly
and separately responsible for the duties imposed under the terms
of this chapter, and shall be separately subject to prosecution for
the violation of this chapter.
