[HISTORY: Article I adopted by the Borough of Strausstown
as indicated in article history. Amendments noted where applicable.]
[Adopted by the Borough Council of the Borough of Strausstown 12-10-2007 by Ord. No. 1207A; amended in its entirety by the Board of Supervisors of the Township
of Upper Tulpehocken at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be known as the "Tenant Registration Ordinance."
This article is adopted to protect the health, safety and welfare
of Township residents and to prevent the loss of life, limb and property
from failure of rental dwelling units to comply with applicable building
and safety codes.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the present tense shall include the future tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "person" includes corporations, associations and partnerships
and other similar entities.
E.
The word "shall" is always mandatory and not discretionary.
F.
The word "may" is permissive.
G.
This article shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
The Code Official of the Township of Upper Tulpehocken. For
purposes of this article, this term shall include the Code Enforcement
Officer, Fire Marshal and any assistant or designee thereof.
A building or structure, or any portion of either of them,
which is wholly or partially used or intended to be used as living
facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking or sanitation. All rooms comprising
a dwelling unit shall have access through an interior door to other
parts of the dwelling unit.
A building or portion thereof containing or designed to contain
two or more separate dwelling units with or without common access
facilities.
One or more persons related by blood, marriage, adoption
or other decree of legal custody living together as a single housekeeping
unit and using cooking facilities and certain rooms in common.
A person who receives rent and leases a dwelling unit or
a rooming unit in a boarding, lodging or tourist home to a tenant
for a period of time.
A person who has charge of a dwelling unit or a rooming unit
in a boarding, lodging or tourist home.
Every person who has a property right in a multifamily dwelling,
and every person who owns, has, keeps or maintains a multifamily dwelling
or rooming house, including a boarding, lodging or tourist home.
An individual, proprietorship, partnership, corporation,
association, or trust or other legal entity.
The act of permitting the use or occupancy of any dwelling
unit by a person or persons other than the owner, whether or not the
same is done in consideration of any monetary or other compensation.
Use or occupancy by the family of the owner, together with the owner,
shall not be deemed to constitute a rental or lease of a dwelling
unit.
A building other than a multifamily dwelling, containing
not more than one dwelling unit occupied by a family and providing,
for compensation or other consideration, rooming units for the lodging
in addition to the owner.
A room or rooms constituting a separate, independent housekeeping
unit that is physically separated from any other room, dwelling unit
or rooming unit in the same structure. The rooming unit shall contain
living and sleeping facilities, but no cooking or eating facilities,
and shall be occupied by no more than one family.
A person who rents or leases a dwelling unit or a person
who occupies or inhabits a dwelling unit located in the Township,
for living, sleeping, cooking, eating or sanitation purposes.
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
The Township of Upper Tulpehocken, Berks County, Pennsylvania.
The duly appointed Manager of the Township.
A.
Every owner, landlord, manager or agent for an owner who rents or
leases or offers for occupancy any property or portion thereof in
the Township to any tenant or occupant for a period of time in excess
of 30 days shall supply the following information to the Township
Manager:
(1)
The dwelling unit or room unit number or street address.
(2)
The name or names and ages of all tenants and occupants to occupy
such property.
(3)
The mailing address of the dwelling unit or rooming unit.
(4)
The period of time for which the rental is made, and the actual move-in
date and/or move-out date.
B.
The above information shall be provided to the Township Manager within
60 days of the renting, leasing, subleasing or occupancy of any property
in the Township for a period of time in excess of 30 days.
No person shall rent or lease a rooming house, a single-family
house, a multiple dwelling unit, an apartment building or, a townhouse
or other dwelling unit in the Township to any tenant unless he holds
a current, unrevoked rental operating license issued by the Township
Manager in his name, for the specified dwelling unit or rooming unit.
A.
Every owner, landlord, manager or agent for an owner who rents or
leases any dwelling unit in any multifamily dwelling or any rooming
unit in any rooming house, including a boarding, lodging or tourist
home, or in any single-family home in the Township of Upper Tulpehocken
to any tenant for a period of time in excess of 30 days shall apply
for a rental operating license within 60 days of so renting or leasing
and shall agree to comply with all provisions of the then-applicable
building and construction codes adopted by the Township Council and
enforced by the Code Official. The application form for a rental operating
license shall be accompanied by a check or money order payable to
the Township for each dwelling unit in such amount that the Township
Council may establish from time to time by resolution.
B.
Every owner, landlord, manager or agent for an owner who rents or leases any dwelling unit in any multifamily dwelling or any rooming unit in any rooming house, including a boarding, lodging or tourist home, or in any single-family home in the Township of Upper Tulpehocken to the spouse, son, daughter, mother, father, sister, brother, grandmother, grandfather or grandchild of the owner of said dwelling unit shall be exempt from the requirements of §§ 343-6 and 343-8 of this article and the payment of any fees associated with this article. However, any owner, landlord, manager or agent who rents or leases any dwelling unit in any multifamily dwelling or any rooming unit in any rooming house, including a boarding, lodging or tourist home, or in any single-family home in the Township who is exempt from the requirements of § 343-8 and the fees related to this article, shall be responsible to complete the application for a license and thereon claim the nature and application of said exemption.
Upon application for a rental operating license under this article,
the dwelling unit shall be inspected by the Code Official for compliance
with the provisions of the building codes and/or its constituent codes.
The Code Official shall note all violations and shall leave with the
owner, landlord, manager or agent, for an owner, a copy of any notice
of violation. The Code Official shall forward any notice of violation
to the Township Manager for the Township's file.
Prior to the issuance of a rental operating license, all violations
noted on a notice of violation shall be corrected, as required. Every
rental operating license shall be issued for a period of three years,
unless sooner revoked.
The following regulations are hereby adopted for the issuance
of rental operating licenses:
A.
Pennsylvania statutes govern. All matters regulated by the Pennsylvania
Construction Code Act[1] or by any other laws of the Commonwealth of Pennsylvania
or by regulations of departments or agencies of the commonwealth promulgated
by authority of law, as the case may be, shall control all inspections
where the requirements thereof are the same as, or in excess of, the
provisions of the Township Building Code and its constituent codes.
However, when the requirements of the Township Building Code and its
constituent codes exceed the requirements of the commonwealth's regulations,
the Township Building Code and its constituent codes shall apply.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
B.
Inspection mandatory. Any person who applies as an owner or as an
agent for an owner for a rental operating license in the Township
shall permit the Code Official to inspect the dwelling unit or rooming
unit for the purpose of ensuring compliance with the law.
C.
Refusal to permit lawful inspection. A person applying for a rental
operating license in the Township violates this section if, after
application, such person refuses to permit such lawful inspection
of the dwelling unit or rooming unit, unless such person withdraws
such application in writing.
D.
Expiration of licenses. Each rental operating license shall expire
three years after the date of issuance. Upon expiration of the rental
operating license for a licensed premises, the owner of the premises
shall be required to obtain a renewal of the permit by arranging for
a new inspection of the premises and by paying the rental permit fee
then in place.
E.
Nonresident applicants. No rental operating license shall be issued
or renewed for a nonresident applicant unless such applicant designates
in writing to the Code Official the name of his agent located in the
commonwealth for receipt of service of any notice of violation and
for service of process.
A.
Every owner, landlord, manager or agent for an owner who rents or
leases any dwelling unit in any multifamily dwelling or any rooming
in any rooming house, including a boarding, lodging or tourist home,
or in any single-family home in the Township of Upper Tulpehocken,
except those exempted from the requirements of this section by § 343-12B,
shall be responsible to pay the following fees associated with each
dwelling unit let or intended to be let:
(1)
A fee shall be paid to the Township for each dwelling unit, in such
amount as shall be determined by resolution from time to time, at
the same time the application for a rental operating license is submitted
to the Township.
(2)
Upon receipt of the rental operating license application, the dwelling units shall be inspected by the Code Official in conformity with § 343-13 and the owner, landlord, manager or agent for an owner shall be responsible for payment of the fee associated with the Code Official's inspection of the dwelling unit, and no license shall be issued until said fee is paid by the owner, landlord, manager or agent for an owner of the dwelling unit in question.
(3)
If any dwelling unit upon being inspected is found to contain conditions
which must be abated prior to the issuance of a rental operating license
and must be reinspected in order to determine that the unsafe condition
has been abated, the owner, landlord, manager or agent for an owner
shall be responsible to pay the fee associated with the Code Official's
reinspection of the dwelling unit.
B.
All fees associated with the Code Official's inspection of dwelling
units shall be calculated at an hourly rate set from time to time,
but no more than annually, by resolution of the Township Council.
Any person or persons convicted of violating any of the provisions
of this article shall be subject to a fine not to exceed $1,000 per
violation, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Berks County
Prison to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Township Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under the Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. Each day or portion thereof that a violation continues
or is permitted to continue shall also constitute a separate offense.
A.
Any person aggrieved by the action of the Code Official pursuant
to this article shall have the right to appeal said action within
10 days to the Township Council in its capacity as the Appeals Board,
which shall hear and determine said appeal at its next regularly scheduled
meeting.
B.
No appeal proceedings under this section shall operate as a stay
or supersedeas of the enforcement of this article.
No provision of this article shall prevent the Township and
its representatives from taking action to abate any violation of this
article which constitutes a nuisance or safety/health hazard.
