[HISTORY: Adopted by the Board of Supervisors of the Township
of Forks 12-20-2018 by Ord. No.
356. Amendments noted where applicable.]
This chapter shall be known and may be cited as the Township
of Forks Landlord Registration Ordinance of 2018.
It is the purpose of this chapter and the policy of the Administration
and the Board of Supervisors of the Township of Forks to protect and
promote the public health, safety and welfare of its citizens and,
in furtherance of those objectives, to establish registration and
licensing requirements for owners/landlords of real property in the
Township of Forks, to establish and maintain a current record of all
rental properties and tenants occupying such properties, and to establish
an enforcement mechanism to effect the aforementioned objectives.
As used in this chapter, the following terms shall have the
meanings indicated:
One or more persons, as defined by this section, jointly
or severally, in whom all or part of the legal title to the premises
is vested as documented by the most current deed on record with the
Recorder of Deeds of Northampton County and/or holds all or part of
the beneficial ownership and rights to the present use and enjoyment
of the premises. This definition includes a mortgage holder in constructive
or actual possession of a residential rental unit.
A period of time beginning January 1 and expiring December
31.
The Township of Forks, Northampton County, Pennsylvania.
The license issued to the owner of residential rental units
under this chapter, which is required for the lawful rental and occupancy
of residential rental units.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
Control and/or access to a premises under lease, contract
or the provisions of a mortgage.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity appointed
by an owner to take care of rental property within the Township and
be the agent for said owner.
Any structure or apartment within the Township occupied by
a tenant as defined in this chapter, this being someone other than
the owner of the real estate as determined by the most current deed
and for which the owner of the said parcel of real estate receives
any value, including but not limited to money, or the exchange of
services. Each residential rental unit within a building is a separate
unit requiring a license.
An individual who is not an owner, who resides in a residential
rental unit, with whom a legal relationship with the owner/landlord
is established by a lease or by the laws of the Commonwealth of Pennsylvania.
A tenant does not include:
A patient in a residential treatment hospital or facility.
A resident in a drug, alcohol or other dependency treatment
facility, halfway house, residence (or other facility) devoted to
monitoring and promoting a sober or substance-free lifestyle.
A resident in a nursing, physical therapy or assisted living
facility.
An occupant of a hotel, motel or bed-and-breakfast facility.
A resident in a community/group home facility licensed as such
by the Pennsylvania Department of Public Welfare.
A.
Registration. Every owner of a residential rental unit must register
the unit with the Code Enforcement Officer in accordance with the
following schedule:
(1)
All owners of residential rental unit must register the units with
the Township by April 1 of each license year.
(2)
Any individual, entity or firm which converts any structure to a
residential rental unit shall register the residential rental unit
with the Township upon the earliest occurrence of the following events:
(3)
It shall be the responsibility of the grantee and the grantee's
agent to notify the Township within 10 days of any purchase or transfer
of a residential rental unit.
(4)
Registration information shall be provided by all owners on a form
prescribed by the Township and shall include, at minimum, the following
information for each residential rental unit:
(a)
Owner's name, address and telephone number.
(b)
Property manager's name, address and telephone number if
applicable.
(c)
Property address and unit number for each rental registration
unit.
(d)
Emergency telephone number sufficient to allow telephone contract
by Forks Police, Fire, Public Works and Administration twenty-four-hours-a-day,
seven days a week.
(e)
Names of current tenants in the registered rental unit.
(5)
Any owner of a residential rental unit must update the registration
information on record with the Code Enforcement Officer within 10
days of any changes of the information set forth above.
(6)
Any owner of a residential rental unit shall notify the Township
within 10 days of a new tenant occupying, renting or residing in the
residential rental unit.
(7)
The registration for each residential rental unit shall be notarized
or subject to the provisions of Pennsylvania Statute, 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
B.
License requirement.
(1)
As a prerequisite to entering into a rental agreement or permitting
the occupancy of any residential rental unit, the owner of every such
residential rental unit shall be required to apply for and obtain
a license for each residential rental unit. The cost of a license
shall be $25 per unit if registered within the Township by April 1
of the relevant year. Should an owner not register with the Township
by April 1 of the relevant year, the cost of the license shall be
$50 per unit if registered during the remaining months of the relevant
year.
(2)
A license shall be required for all residential rental units, whether
occupied or not occupied.
(3)
The following categories of properties shall not require licenses,
and thus shall not, therefore, be subject to this section:
C.
General.
(1)
It shall be the duty of every owner to keep and maintain all residential
rental units in compliance with all applicable laws and regulations
of the Commonwealth of Pennsylvania and ordinance of the Township
and to keep such property in good and safe condition. The owner shall
be responsible for regularly performing all maintenance, including
lawn mowing and ice and snow removal, and for making any and all repairs
in and around the premises in conformity with the Township ordinances.
The delegation of the aforementioned duties to tenants (or any other
persons or entity) shall not excuse the owner from these responsibilities.
(2)
The owner shall be responsible for the management of his/her property
in conformity with the laws of the Commonwealth of Pennsylvania and
the ordinances of the Township.
A.
Every owner residing further than 20 miles from the corporate boundaries
of the Township must designate a property manager or person responsible
for the care of all residential rental units. The property manager
or person responsible for taking care of residential rental unit must
reside or have its corporate offices within 20 miles of the corporate
boundaries of the Township. The property manager shall be the designated
recipient of all correspondence and violation notices from the Township.
The property manager shall be the direct point of contact for disruptive
conduct, emergencies, and any other occurrence that may be of a time-sensitive
nature. The property manager shall be the agent of the owner and by
his, her or its appointment shall be authorized and empowered to accept
service of all correspondence, violation notices, citations, court
complaints and pleadings on behalf of the owner. The appointment of
a property manager shall remain in effect and shall be considered
as legally binding on both the principal and agent until revoked and
notice of revocation is provided by the owner to the Township.
B.
Every owner residing further than 20 miles from the corporate boundaries
of the Township must provide the Township with the property manager's
name, address, and all pertinent contract information. The owner must
also provide the Township with his/her name, address, and all pertinent
contact information. The owner shall be responsible for all of the
duties of the property manager in the event that the Township is unable
to communicate with the property manager. Contract information shall
be updated on a yearly basis by April 1 of each year.
A.
This section shall be enforced by the Code Enforcement Officer of
the Township.
B.
Any owner that fails to comply with the registration requirements
of this chapter is in violation of this chapter.
C.
Any owner that rents a residential rental unit requiring a license
without a valid, current license, issued by the authorizing such use,
is in violation of this chapter.
D.
Any owner that resides or has its corporate offices farther than
20 miles from the corporate boundaries of the Township who fails to
appoint property manager is in violation of this chapter.
E.
Any owner that fails to maintain his/her property in conformity with
municipal ordinances, is in violation of this chapter. A record of
any unpaid citations for property maintenance violations shall be
conclusive evidence of a violation of this chapter and shall prevent
and preclude the issuance of any license pursuant to this chapter.
F.
Any owner that fails to utilize all legal means available to him/her
to evict tenants who routinely engage in disorderly conduct, disturb
the public peace, create excessive noise, or violate those criminal
laws of the Commonwealth of Pennsylvania relating to the illegal distribution
of drugs is in violation of this chapter.
Any owner determined by any court of competent jurisdiction
to have violated this chapter shall be subject to pay a fine of $100
per day for each day that the violation persists as well as court
costs, legal fees and any other fees incurred by the Township to enforce
this chapter against the responsible party. Each day of a continuing
violation shall constitute a separate offense, for which a separate
fine shall be levied.
