[HISTORY: Adopted by the Board of Supervisors of the Township
of Springfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-17-2001 by Ord. No. 3-2001; amended 2-1-2022 by Ord. No. 1-2022]
The Township of Springfield has recognized the importance of
rental properties in the Township as an affordable housing choice
and as a result thereof, the Township is desirous of taking measures
to ensure that dwelling units offered for rent within the Township
are safe, healthful, and habitable.
This article shall be known as the Springfield Township Rental
Licensing Ordinance.
The provisions of this article shall supplement local laws,
ordinances or regulations existing in the Township or those of the
Commonwealth of Pennsylvania. Where a provision of this article is
found to be in conflict with any provision of a local law, ordinance,
code, or regulation or those of the Commonwealth of Pennsylvania,
the provisions which are more restrictive, or which establishes a
higher standard shall prevail.
As used in this article, the following terms shall have the
meanings indicated:
A single unit designed exclusively for residential occupancy
on a permanent/semipermanent basis providing complete, independent
living facilities for one or more persons including permanent provision
for living, sleeping, eating, cooking and sanitation accessible from
the outdoors either directly or through an entrance hall shared with
other dwelling units, and used or intended to be used by one or more
persons.
An owner, lessor, sublessor, person, or persons or one who
acts as an agent for the owner, lessor, sublessor, person, or persons,
of any parcel of real estate located in the Township of Springfield,
upon which a dwelling unit is located and which said dwelling unit
is one that is occupied or will or may be offered or made available
for occupancy for consideration by a person or persons other than
the owner of the dwelling unit.
This definition shall not apply in the event the titled owner
leases or permits a third-party relative to live in the subject premises.
A third-party relative for purpose of this definition shall be construed
to include parents, stepparents, children and/or grandchildren related
to the owner by blood or marriage.
Any individual, partnership, association, firm, corporation,
entity, or estate.
A person who has a right to occupy or use or is actually
occupying or using, either by himself or with others, a dwelling unit
owned by a person other than himself, for a period exceeding five
days.
The property owner shall be responsible for contacting the third-party
agency to schedule the date and time of inspection. No inspection
will be conducted without prior notification to the owner or owner's
representative. The inspection will be conducted by a third-party
agency or designated representative of Springfield Township.
Within 90 days from the effective date of this article, every
landlord as defined herein shall submit to the Township Administrator,
a report form supplied by the Township which includes the following
information:
A.
List of the dwelling units owned by the landlord located within the
Township whether occupied or not occupied.
B.
Address of each dwelling unit.
C.
Whether or not said dwelling unit is occupied by a person(s) and
if so, the name of the designated head of household and the names
of all persons occupying said dwelling unit.
D.
Whether the Department of Housing and Urban Development has qualified
said dwelling unit for Section 8 designation.
After the effective date of this article, any person who becomes a landlord as defined herein of any dwelling unit located within the Township, by agreement of sale, land contract, deed or by any other means whatsoever, shall within 30 days thereafter, report to the Township Administrator, all of the information in § 305-6 above on forms to be provided by the Township.
After the effective date of this article, each and every landlord
as defined herein of a dwelling unit within the Township shall report
to the Township Administrator any changes in the use or occupancy
of any dwelling unit. The reported change shall include the name or
names of the new tenants and/or occupants of such dwelling unit and
the date when such change was affected.
The Township Administrator shall:
A.
Maintain a file at the Township Office containing the names of landlords
owning dwelling units in the Township. Said list shall contain the
names of current tenants of every dwelling unit.
B.
Maintain a supply of forms for landlords to use in making reports
to the Township Administrator, as required above.
C.
Supply the Wage Tax Collector with copies of the landlord/tenant
lists.
A.
No person and/or landlord shall allow a dwelling unit to be offered
for occupancy by a person or persons other than the record owner of
the dwelling unit unless he or she has obtained from the Township
a license to offer such dwelling unit to said person or persons.
B.
No owner, agent, lessor, or other person shall hereafter rent, lease,
or let space be occupied by persons as a dwelling unit unless application
for a license has been filed as set forth above. The third-party agency
shall thereafter inspect such premises in accord with the provisions
set forth herein. Upon substantial compliance with the provisions
of this article, the third-party agency shall certify such premises
as being suitable for occupancy. If, in the event that the third-party
agency denies certification, he or she shall state the reasons therefore
in writing to the person filing such notice within five working days
after inspection of the premises.
A.
Commencing January 1,2022, and continuing on or before January 30
of each calendar year thereafter, every landlord as defined herein
shall apply for a license in which he or she owns property which is
nonowner-occupied or may be made available for occupancy for a consideration
by a person other than the owner. If the landlord as defined herein
shall come in possession by any means whatsoever of property that
is occupied by a person other than the owner on or after January 1
of any calendar year, then he shall make the application for a license
as prescribed for and provided for herein within 30 days from the
date that he or she comes into possession of said dwelling unit.
B.
Every landlord or person applying for a license as provided for herein
shall supply such information as contained herein and/or as required
by the Township. Each applicant shall pay a license fee on or before
January 30 of each calendar year in the amount set by resolution by
the Township Board of Supervisors. Said amounts shall include all
inspection fees.
C.
Upon receipt of an application for a license, the Township shall
immediately issue said license to operate within the Township as a
landlord, after an initial inspection is completed and passed. However,
upon acceptance of the license, the applicant shall be subject to
the inspection provisions contained herein and shall comply with and
satisfy all requirements of this article and any other requirements
that the Township shall request and require of said applicant.
D.
The cost of a rental license shall be established by the Board of
Supervisors from time to time by the Fee Resolution.
A.
Upon the receipt of an application for a license or upon notice from
a landlord as defined herein of a change in use or occupancy of a
dwelling unit, the property owner shall schedule the Code Enforcement
Officer to inspect the dwelling unit as soon as conveniently possible.
The third-party agency shall certify to the Township that the dwelling
unit is in compliance with this article. No license, however, shall
be renewed the following year nor renewed for any change in use or
occupancy of the dwelling unit nor may any tenant occupy a dwelling
unit unless the inspection demonstrates that the dwelling unit is
in compliance with this article.
B.
The third-party agency is hereby authorized and directed to make
inspections to each dwelling unit in which the Township receives an
application for a license or a report of changes of uses or occupancy
to determine the condition of the dwelling units, rooms, and premises
of dwellings within the Township in order that he may perform such
duties necessary for safeguarding the health and safety of the occupants
of the dwellings and of the general public. Unless otherwise prevented
by any provision of a local law, ordinance, code, regulation, state
or federal law, for the purpose of making such inspections, the third-party
agency is hereby authorized with reasonable advance notice to enter,
examine, and survey during normal business hours all dwellings, dwelling
units, establishments, and premises. The person in charge thereof
or otherwise having the authority to do so, shall give the third-party
agency free access to such dwelling unit and its premises at all reasonable
times for the purposes of such inspection, examination, and survey.
In the event of a written lease, the owner shall incorporate therein
a provision wherein the owner or his agent or employee shall have
access to any part of the dwelling unit or its premises at all reasonable
times with reasonable advance notice for the purposes of making such
repairs or alterations that are necessary to affect compliance with
the provisions of this article and with any lawful rule or regulation
adopted by a lawful order issuing pursuant to the provisions of this
article.
Whenever an imminent danger to community health, safety, or
welfare exists at a property, the third-party agency is authorized
and empowered to order and require any structure on the property vacated
within 10 days from the date of the order. At the end of the 10 days,
a notice shall be posted at each entrance to the structure(s) starting
that occupancy of the structure in unlawful and any person occupying
the structure will be prosecuted.
No persons shall occupy as a tenant nor shall an owner lease
to another for occupancy any dwelling unit for the purpose of living,
sleeping, cooking, or eating therein which does not comply with the
requirements of this article.
Each dwelling unit shall meet the following minimum standards:
A.
Exterior requirements.
(1)
Foundation and structure. The exterior of the dwelling unit shall
be structurally sound so that it does not pose a threat to the health
and safety of occupants and provides protection from the environment.
The foundation should not have structural defects which show potential
for collapse.
(2)
Exterior surface. All exterior wall surfaces shall be free of holes,
cracks or broken or rotten materials which could admit rain or dampness
into interior portions of the structural or occupied spaces of the
building. All exterior wall surfaces shall be maintained in a weathertight
fashion and shall be properly coated to prevent deterioration. Chimneys
shall be maintained structurally sound and safe.
(3)
Windows. Each dwelling unit shall include at least one window which
can be easily opened for ventilation. Windows shall have no defective
glass, shall be weathertight and have locks.
(4)
Doors. All exterior doors shall open and close easily, have no defective
glass, have a workable lock capable of tightly securing the door and
be easily opened from the inside without the use of keys. All exterior
doors shall also be weathertight.
(5)
Porches, decks, balconies. All exterior porches, decks, balconies,
landings, etc. shall be in good repair and capable of serving their
intended purpose. Those more than 30 inches above grade with more
than three risers shall have guardrails or handrails. Hand or guardrails
shall be firmly fastened and capable of bearing a normal load.
(6)
Roofs. All roofs shall be watertight, free of holes, cracks or excessively
worn surfaces. They shall provide protection from rain, moisture and
other foreign elements seeping into the building.
(7)
Storm drainage. Each structure shall have a system to remove and
discharge roof water from the structure in an efficient manner that
does not create a nuisance.
(8)
Electrical systems. Where present, electrical systems shall be minimum
100 amp three-wire service. For dwelling units with electric service,
each habitable space shall contain a minimum of two separate or remote
receptacle outlets, or one receptacle and one working ceiling or wall-type
light fixture. Every interior hallway, stairway, bathroom shall also
contain at least one permanently installed ceiling or wall-mounted
fixture.
B.
Heating systems. Each heating unit for a structure shall be in proper
operation, condition and be capable of heating habitable space to
a minimum temperature of 65° F. during the period from October
1 to May 15. All fuel burning equipment shall be connected to an approved
vent, flue, or chimney.
C.
Plumbing systems.
(1)
Facilities. Each dwelling unit with hot and cold water under pressure
shall have at least one flush toilet in a separate private room, at
least one shower or tub with both hot and cold running water, and
at least one fixed basin with hot and cold running water, all in proper
working condition. Each kitchen with hot and cold water under pressure
shall have at least one permanently installed kitchen sink with hot
and cold running water. All water bearing fixtures shall connect to
an approved public or private disposal system.
(2)
Sewage system. All plumbing fixtures shall be properly connected
to either a public sewer system or an approved private sewage disposal
system.
(3)
Water heating. All water heating and storage equipment shall be in
proper working order and must have a temperature relief valve and
discharge line.
(4)
Water quality. The water supply shall be free from contamination
and shall be properly connected to either a public water system, or
an approved private water system.
D.
Ventilation. Air circulation shall be by natural or mechanical means.
Bathrooms not having windows shall provide a mechanical ventilation
system which is capable of exhausting air to the outside.
E.
Interior surfaces. Floors, walls, ceilings, windows, doors, and other
interior surfaces shall be in good, clean, and sanitary condition.
Peeling paint, cracked or loose plaster, decayed wood and other defective
surface conditions shall be eliminated. Basements and crawl spaces
shall be reasonably free from standing water and problems which can
cause structural deterioration.
F.
Stairs and open spaces. All interior stairs shall be in sound condition
and good repair. Excessively worn, broken, warped or loose treads
and risers shall be repaired. Every flight of stairs more than four
risers high shall have at least one handrail on at least one side
of the stairs, which is firmly fastened. Any open spaces in a structure
including a landing, balcony, or other living space more than 30 inches
above the floor or grade below, shall be equipped with a guardrail
or other appropriate device which is firmly fastened.
G.
Smoke detectors. Each individual dwelling unit shall be equipped
with one functional smoke detector for each floor used for living
or sleeping. Multiple dwelling units within a single structure and
which have electric service shall supply interconnected smoke detector
systems.
H.
Safety. The dwelling unit shall afford all occupants with adequate
security from the exterior and environment.
I.
Egress. A safe, continuous, and unobstructed means of egress shall
be provided from the interior of the dwelling to the exterior on a
street or yard. All doors along this path shall be readily opened
from the inside without the use of keys.
J.
Sanitary condition. The structure and its equipment shall be maintained
in a sanitary condition. Each structure shall have containers with
covers for the storage of rubbish.
K.
Rodents or vermin control. Any insects, Norway Rats, (Rattus norwegicus)
or black rats (Rattus rattus) in the structure or on the premises
shall be exterminated and the structure shall be subsequently treated
to be rat proof.
L.
Site. The site shall be in a reasonably clean, safe, and sanitary
condition not posing a danger to public health and safety. There shall
be no nuisances present and the site shall conform to all other Township
ordinances.
The third-party agency, under the authority of this article,
shall, unless otherwise stated in this article, and is authorized
to enter the structure(s) at reasonable scheduled times to inspect
every dwelling unit which the owner makes application to the Township
pursuant to the terms prescribed herein. In the process of inspecting
each dwelling unit as described herein, the third-party agency shall
use the forms provided by the Township. The third-party agency shall
complete each form in its entirety indicating whether each of the
required rooms therein have passed or failed. If the rooms or dwelling
unit has failed, the third-party agency shall so indicate in the space
provided, the reasons why and what repairs, if necessary, will be
needed in order to comply with the requirements herein. The third-party
agency shall, if the dwelling unit fails to pass inspection, reinspect
the premises at the request of the owner or landlord and shall designate
on the forms the date of final approval. The forms provided by the
Township shall set forth the requirements of each and every dwelling
unit and room therein that shall be inspected and the requirements
necessary to receive certification by the Township for occupancy and
compliance with this article.
Every license shall be displayed in a conspicuous place within
the dwelling unit.
Each license shall remain in force and effect for one year from
the date of issuance.
No license required by this article shall be transferable.
Whenever the Township determines that there exists any violation
of this article, it shall serve notice as provided herein, and will
notify the owner, landlord or agent in writing that unless the notice
of violation is complied with, the dwelling unit license may be revoked.
Said notice shall include a time of at least 20 days to correct described
deficiencies. After the expiration of the time for compliance as stated
on the notice of violation, a reinspection shall be made to determine
compliance. If the violation has not been corrected and no appeal
is pending, the Township shall revoke the license and, in such event,
shall serve written notice upon the owner or landlord or their agent
of such action.
A.
Any person or landlord whose license has been revoked or whose application
for a license to operate has been denied, may appeal to the Township
Appeals Board presently established by the Township of Springfield
by filing a petition for appeal on the form provided by the Township
within 20 days of the action or of the receipt by written notice of
any decision or ruling which is being appealed.
B.
The Appeals Board shall meet and conduct a hearing within 30 days
of the receipt of an appeal. All hearings shall be public and all
persons whose interest may be affected shall be given an opportunity
to be heard. A record shall be kept of all evidence and testimony
presented at the hearing. The records shall be by stenographic or
other means.
C.
All decisions of the Board shall be in writing and a copy of each
decision shall be sent to the appellant and to the Township. The Appeals
Boards shall also retain in its file a copy of each decision which
files shall be available for inspection by the public. Each decision
shall set forth fully the reasons for the decision of the Appeals
Board and the findings of fact on which the decision was based.
D.
Any person or persons aggrieved by any final order or decision of
the Appeals Board may appeal such order or decision within 30 days,
to the Court of Common Pleas in accordance with, as far as practicable,
the Rules of Civil Procedure of the Supreme Court regarding appeals
from administrative agencies.
Any person, firm, entity, or corporation who shall violate any
provision of this article shall, be guilty of a summary offense and
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, and/or be sentenced to a term of imprisonment of up to 30
days for each violation and pay reasonable attorney fees incurred
by the Township. Every day that a violation of this article continues
shall constitute a separate offense. Further, any person who shall
violate any provision of this article may have their license revoked
and may not be eligible for the annual renewal of their license. This
article may be enforced, in addition to any penalties forth herein
or provided for under the law, by the Township in an action of equity
in the court of Common Pleas of Mercer County Pennsylvania.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article.
