[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:
AGENT FOR AN OWNER
Any person who provides written proof that he is authorized to act on behalf of a property owner.
CODE OFFICIAL
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.
DWELLING UNIT
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.
DWELLING, MULTIFAMILY, including GARDEN APARTMENTS
A building or portion thereof containing or designed to contain two or more separate dwelling units with or without common access facilities.
FAMILY
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.
LANDLORD
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.
MANAGER
A person who has charge of a dwelling unit or a rooming unit in a boarding, lodging or tourist home.
OWNER
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.
PERSON
An individual, proprietorship, partnership, corporation, association, or trust or other legal entity.
RENT or LEASE (or variations thereof)
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.
ROOMING HOUSE including a BOARDING, LODGING OR TOURIST HOME and a SINGLE-FAMILY HOUSE
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.
ROOMING UNIT
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.
TENANT
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.
TOWNHOUSE or ROW HOUSE
Dwelling units attached to each other by party or common walls, with each unit having individual access and rear common or private garden orientation.
TOWNSHIP
The Township of Upper Tulpehocken, Berks County, Pennsylvania.
TOWNSHIP MANAGER
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.