[HISTORY: Adopted by the Board of Supervisors of East Earl
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-8-2010 by Ord.
No. 163]
The purpose of this article is to protect and promote the public
health, safety, and welfare of its citizens by establishing regulations
relating to residential rental units in the Township of East Earl.
The ordinance provides for licensing and inspection of residential
rental units, and penalties for noncompliance.
The following words and terms shall have the meanings set forth
in this section:
The Township's Building Code, including, but not limited
to, the International Fire, Electrical and Property Maintenance Codes,
as the same may be amended from time to time.
The Township's Building Code Official, Zoning Officer,
Secretary or other person designated by the Board of Supervisors to
act as Code Enforcement Officer to inspect pursuant to and enforce
this article.
A legal agreement between the owner and tenant embodying
the terms and conditions concerning the use and occupancy of a residential
rental unit. A rental agreement under this article may be oral or
written.
A document issued by the Code Officer to the owner of a residential
rental unit, which is required for the lawful rental and occupancy
of any residential rental dwelling, building or structure.
A rooming or dwelling unit let for rent under an individual
rental agreement with a tenant. Residential Rental Units include,
but are not limited to, apartments, single family, duplex, and multifamily
units, boarding houses, hotels and motels.
A.
The owner of each rental property shall apply for and obtain an annual
residential rental license for each residential rental unit. A residential
rental license shall be valid for a period of three calendar years
from the date of issuance. It shall be the responsibility of the owner
to renew the application prior to the expiration date of the residential
rental license.
B.
Application forms shall be made available at the East Earl Township
office. The application forms shall require that the applicant disclose
the following information, and such other information as the Code
Officer shall reasonably require:
(1)
The name, address and telephone number of the owner of the residential
rental unit;
(2)
The name, address and telephone number of a local agent or manager
of the residential rental unit who is authorized to receive service
of all notices on behalf of the owner;
(3)
The address of the residential rental unit;
(4)
The number of residential rental units in the building in which the
residential rental unit is located.
(5)
If any part of the building in which the residential rental unit
is located is not a residential rental unit, then the name of the
occupant of that part of the building and a description of the use
shall be provided.
C.
The application fee set by the Township shall accompany the application.
No application shall be complete until the application fee is paid
and all information required on the application is completed, the
application is signed by the owner or the local agent or manager,
and the payment and completed, signed application are submitted to
the Code Officer.
A.
Within 30 days of receipt of a complete initial application for a
residential rental license, the Code Officer or his or her designee
shall conduct an inspection of the residential rental unit for compliance
with applicable building and safety codes, the Property Maintenance
Code,[1] the International Fire Code and any other applicable codes,
laws or regulations that may be required by law or regulation.
B.
Upon completion of a satisfactory inspection, the Code Officer shall
issue a residential rental license to the owner, or at the request
of the owner, to the owner's local agent or manager, and the
residential rental unit may thereafter be occupied as a residential
rental unit.
C.
Following the initial inspection, the Code Officer may inspect residential
rental units in accordance with a systematic program, upon a change
of occupancy of the residential rental unit, at the request of the
owner, agent or tenant, upon receipt of a complaint, or for any other
reasonable cause.
A residential rental license shall not be transferred. In the
case of licensed residential rental units that are sold or transferred,
the new owner shall seek a residential rental license for each residential
rental unit and have each residential rental unit inspected. Failure
to secure a residential rental license for each residential rental
unit within 60 days of the date of sale or transfer of ownership shall
result in the revocation of the existing residential rental license
applicable to each unit.
Inspection fees and residential rental license application fees
shall be set, from time to time, by resolution of the Board of Supervisors.
The application fee shall be charged for each initial application
and for all renewal applications for a residential rental license.
The inspection fee shall be charged for the initial inspection and
for each reinspection and for all inspections associated with enforcement
of this article.
A.
The following shall be violations of this article:
(1)
Occupancy of any residential rental unit without first obtaining
a residential rental license in accordance with this article.
(2)
Permitting the continued occupancy of a residential rental unit in
the absence of a residential rental license, whether due to the expiration
of a residential rental license, or to the failure to renew the license,
or to the revocation of a license, or for any other reason whatsoever.
(3)
Any violation of any applicable Property Maintenance Code, Building
Code, Health or Safety Code, or the International Fire Code, or the
violation of any other code adopted by ordinance, law or regulation,
shall be a violation of this article where such code violation occurs
in a residential rental unit, or in any building or on any premises
on which a residential rental unit is located.
(4)
Failure to permit the Code Officer or his or her designee to inspect
a residential rental unit in accordance with this article, or in accordance
with any Health or Safety Code, Building Code, Property Maintenance
Code, the International Fire Code, or any other Code, law or regulation
applicable to the residential rental unit or the building or property
on which it is located.
(5)
Failure to submit a complete application in a timely manner for an
initial residential rental license or for a renewal residential rental
license.
B.
The Board of Supervisors of the Township hereby delegates to the
Code Officer, pursuant to Section 1601 (c.1)(7) of the Second Class
Township Code,[1] the authority to make initial determinations of violations,
issue notices and, if appropriate, commence enforcement actions, including
the issuance of criminal citations, for violations of this article.
A ten-day notice of violation (the "NOV") shall be issued to the owner
of the residential rental unit or the manager or local agent specifying
each violation. An NOV provided to a manager or local agent shall
be deemed to be notice to the owner.
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(7).
C.
Service of the NOV, issued by the Code Officer, shall be made by
both regular first class mail, postage prepaid, and certified mail,
return receipt requested, requiring a receipt signed by any person
identified as the owner or the owner's authorized agent as identified
on the application or by subsequent written notice from the owner
to the Township. Service of the NOV shall be complete upon delivery.
If an NOV served by certified mail is returned with the notification
by the United States postal authorities that the addressee failed
to claim the NOV, refused to accept the NOV, or that the NOV was undeliverable,
and the NOV mailed by first class mail has not been returned within
15 days of mailing, the NOV shall be deemed effectively served at
the end of said fifteen-day period.
D.
If both NOVs are returned as either unclaimed, unaccepted or undeliverable,
the Township shall attempt to serve the NOV personally, upon any adult
occupant of the residential rental unit which is the subject of the
NOV and the NOV shall also be affixed to the exterior of the room
or building in which the residential rental unit is located.
E.
An NOV personally served on the owner of the property or upon the
local agent or manager designated in the owner's application
for a residential rental license shall be effective immediately for
all purposes.
F.
If, after 10 days from the date of the NOV, a reinspection reveals
that the violations are not corrected and arrangements satisfactory
to the Code Officer have not been made, the residential rental license
shall be revoked. If the residential rental unit is vacant, it shall
remain vacant. If the residential rental unit is occupied, the owner
shall make arrangements to relocate the tenant within 10 days and
the property shall remain vacant until a new residential rental license
is issued.
G.
Whoever violates or fails to comply with any of the provisions of this
article, or any provision of any rule or regulation adopted by the
Township pursuant to authority granted by this article, or fails to
correct, within the time set by the Township, the defects for which
a dwelling has been cited, shall be liable, upon summary conviction,
to a fine of not less than $100, nor more than $1,000, plus the cost
of prosecution. All fines and penalties collected for a violation
of this article shall be paid to the Township. Each day that a violation
continues after the NOV has been served shall be deemed a separate
offense.
H.
The Code Officer shall deny an application for a residential rental
license and may revoke an existing residential rental license for
failure to abate any violation of the Building Code, or any other
applicable regulation within the time specified in the notice of violation.
I.
In addition to any other penalties provided at law or by ordinance,
statute, regulation or otherwise, the Code Officer or his or her designee
shall have the right to bring suit in the name of the Township for
injunctive or other special or emergency relief to enjoin any violation
of this article, and to require the removal or termination of the
unlawful occupancy of the residential rental unit. As part of any
such relief, the owner of the residential rental unit shall also be
liable for attorneys' fees and costs associated with such action and
with the enforcement of this article. Any action taken by the Township
against a residential rental unit shall be charged against the real
estate upon which the residential rental unit is located and shall
constitute a municipal lien claim against the property.
If any provision of this article is held invalid, said invalidity
shall not affect any other provision or application of this article.
