[Ord. 743, 4/19/2018]
[1]
Editor's Note: Original Part 9, Cable Television, adopted
by Ord. 588, 11/7/2002, was repealed by Ord. 737, 1/19/2017.
This Part 9 shall be known and may be cited as the Township's
"Residential Rental License Ordinance."
For the purposes of this Part 9, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent within the context, words used in the present
tense include the future, words in the plural number include the singular
number, and the words in the singular number include the plural number.
Words in the masculine shall also include the feminine. The word "shall"
is always mandatory and not merely directory.
The Commonwealth of Pennsylvania.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces, and similar areas shall not be considered to be habitable
spaces.
A person which leases as lessor to a tenant any rental property,
the use or occupancy of which continues for a period in excess of
30 days, and/or a person appointed to act as a resident agent under
this Part 9.
The individual duly appointed by the Municipality with the
responsibility of enforcing this Part 9, any assistants or deputies
thereof and any other Code Enforcement Officer of the Municipality.
Any individual, partnership, association, firm, limited liability
company or corporation.
One or more person(s), corporation, partnership, or limited
liability company, who, jointly or severally, have legal title to
a rental unit, dwelling unit or building.
An agreement written or otherwise between owner and tenant.
Any dwelling, including but not limited to a house, townhouse,
row house, duplex, twin, apartment, condominium, rooming house or
mobile home, and any building containing any such units, from which
the owner derives income or any other consideration from persons residing
at such dwelling, as evidenced by a contract, lease, sublease or agreement,
but not including any hotel, motel, bed-and-breakfast, or any other
business licensed to provide transient lodging to overnight guests.
A dwelling unit or rooming house unit that is occupied for
residential purposes and that is not: (a) an owner-occupied dwelling
unit or (b) otherwise exempted by this Part 9.
A person residing in the commonwealth and within a twenty-five-mile
radius of the Township appointed by the landlord pursuant to this
Part 9. A resident agent may also be a tenant.
The license issued by the Municipality to the owner allowing
a rental unit to be rented or leased to a tenant who is not the owner
of the dwelling unit.
A person who has the use or occupancy of a rental property
for a period exceeding 30 days, regardless of the payment of monetary
consideration associated with the use or occupancy of the rental property.
The Township of Warminster.
1.
General.
A.
It shall be the duty of every property owner to keep and maintain
the rental unit premises in compliance with all applicable codes and
ordinances of Warminster Township and all applicable state laws and
shall keep the leased premises in good and safe condition.
B.
As provided for in this Part 9, every property owner shall ensure
compliance with all municipal ordinances and codes for each rental
unit.
C.
Each property owner shall apply for, obtain and maintain in good standing a residential rental license permit as required by § 13-904 of this Part 9, for each rental unit owned. If a valid license has not been issued within the time-frame established by this Part 9, or the license has been suspended or revoked, then the rental unit shall not be rented for residential use. If a rental unit is rented for residential use without a valid residential rental license permit, such action shall be considered a violation of this Part 9.
D.
The property owner and/or resident agent shall accompany the Municipal
Enforcement Official to all scheduled inspections conducted pursuant
to this Part 9.
2.
Designation of resident agent.
A.
The property owner may designate a person to serve as resident agent
of all units owned. The resident agent shall have the authority to
act on behalf of the property owner. The resident agent shall be the
agent of the property owner for service of process and receiving of
notices and demands, as well as for performing the obligations of
the property owner under this Part 9 and under rental agreements with
tenants.
B.
Resident agents shall be responsible to ensure that a landlord's
property meets all requirements of this Part 9, the Code of Warminster
Township, including the property maintenance, grass, garbage collection,
recycling, snow and ice and other provisions, and shall, in addition
to the landlord, be subject to any and all relevant enforcement and
penalty provisions associated therewith.
C.
The legal name, mailing address, daytime physical address (not a
post office box), and day time and evening telephone number(s) of
the resident agent shall be provided in writing to the Municipality
by the property owner and such information shall be kept current and
updated within five business days after it changes.
3.
Disclosure. The property owner or resident agent shall disclose to
the tenant in writing on or before the commencement of the tenancy:
the name, address and telephone number of the resident agent.
4.
Maintenance of premises.
A.
The landlord shall keep and maintain the rental unit in compliance
with all applicable codes and ordinances of Warminster Township and
all applicable state laws and shall keep the rental unit in good and
safe condition including all routine maintenance, lawn mowing, ice
and snow removal, and shall promptly make any and all repairs necessary
to fulfill this obligation.
B.
The property owner and tenant may agree that the tenant is to perform
specified repairs, maintenance tasks, alterations, or remodeling if
such responsibilities are established in writing. If the tenant is
unable or unwilling to comply with or perform the required responsibilities
or meet the requirements of this Part 9, then the property owner shall
be held responsible by the Municipality for all required repairs.
C.
The existence of an agreement between the property owner and the
tenant shall not relieve the property owner of any responsibility
under this Part 9 for proper repair and maintenance of a building
or premises. The property owner shall obtain all permits necessary
from the Municipality to perform any required repairs.
D.
Buildings that contain locking entry doors (security doors) at entry
points to the building shall include a rapid key access system as
may be approved by the Fire Marshal.
E.
Buildings containing a fire suppression system shall have the system
inspected and certified by an approved and qualified fire protection
system contractor who is trained and experienced in the maintenance
and inspection of fire suppression systems with a copy of the certification
to be provided to the Municipality on an annual basis during the Fire
and Life Safety Inspection performed by the Township's Department
of Emergency Management. Inspection and maintenance shall be in accordance
with the appropriate NFPA Standard.
F.
Buildings containing a fire detection and/or alarm system monitored
by a central station shall have the system inspected and certified
by an approved and qualified monitoring system contractor who is trained
and experienced in the maintenance and inspection of monitoring systems
with a copy of the certification to be provided to the Municipality
on an annual basis during the Fire and Life Safety Inspection performed
by the Township's Department of Emergency Management. Inspection
and maintenance shall be in accordance with the appropriate NFPA Standard.
5.
Violations. Upon receiving notice of any violations of this Part
9 from the Municipal Enforcement Official, the property owner shall
take necessary action, or cause such action to be taken, to eliminate
the violation within the time limit provided on the notice or citation,
which shall include but not be limited to acquiring all necessary
building and related permits from the Municipality for the required
repairs, as applicable.
6.
Inspection of premises.
A.
The property owner or resident agent or tenant shall permit, schedule
and accompany the Municipal Enforcement Official on all inspections
of rental units and premises during normal business hours except if
both the Municipal Enforcement Official and property owner or resident
agent agree on a different inspection time.
B.
The property owner or resident agent shall provide a minimum of three
calendar days' advance notice to at least one adult tenant of
each rental unit of the time and date of the inspection. These advance
notice requirements shall not apply when the Municipality or the Municipal
Enforcement Officer has reason to believe that an imminent threat
to public health, safety and welfare may exist. In such event, the
time periods set forth herein may be abandoned.
1.
General. The tenant shall comply with all obligations imposed by
this Part 9, all applicable codes and ordinances of the Municipality
and such applicable provisions of state law.
2.
Health regulations. Tenants shall collect and dispose of all rubbish,
garbage, and other waste in a clean and sanitary manner, and dispose
of same in such manner as may be designated by property owner or resident
agent, as may be approved by the Health Department of the Bucks County,
as applicable.
3.
Inspection of premises. Tenants shall permit inspections by a Municipal
Enforcement Official of the premises during normal business hours.
1.
All owners of rental properties in the Township of Warminster shall
make application to the Township Department of Licenses and Inspections,
on or before December 1 of each calendar year, for the issuance of
a residential rental license permit under this Part 9.
2.
The residential rental license permit shall be valid for a period
of one calendar year (January 1 to December 31). A separate application
shall be required for each rental unit under this Part 9.
3.
The tenant list shall be updated any time that a change of tenant
occurs during the term of the residential rental license permit. Failure
to update the tenant list shall constitute a violation of this Part
9.
4.
The annual fee for a residential rental license permit shall be as
provided in the Fee Schedule as fixed from time to time by resolution
of the Board of Supervisors.
5.
The fee for all rental licenses is due by December 1 for the upcoming
calendar year.
1.
Upon every first application for a residential rental license permit
under this Part 9, the Department of Licenses and Inspection shall
perform an inspection of the rental property subject to the application,
to ensure that the rental property meets all of the requirements of
the Code of the Township of Warminster, including, but not limited
to, the International Property Maintenance Code, the Uniform Construction
Code, the International Fire Code, the Zoning Ordinance,[1] the Subdivision and Land Development Ordinance,[2] the terms and conditions of this Part 9, and any and all
other applicable provisions of the Code of the Township of Warminster
or the laws of the commonwealth.
A.
Any rental property proposed to be issued a residential rental license
permit under this Part 9, in addition to any other relevant requirements
as fixed from time to time by resolution of the Board of Supervisors,
must demonstrate compliance with the following standards:
(1)
Each dwelling unit must have at least one habitable room not
less than 120 square feet.
(2)
All spaces, other than kitchens, must contain a minimum of 70
square feet to be considered habitable spaces.
(3)
Bedrooms must contain a minimum of 70 square feet, plus an additional
50 square feet for each additional person occupying the same room.
(4)
No basement space may be considered habitable unless it meets
the requirements for secondary means of egress/escape as defined by
the applicable Township Building or Property Maintenance Code.
2.
The Department of Licenses and Inspection shall schedule inspections
of rental properties under this Part 9 with a minimum of 10 days'
advance notice. Nothing in this Part 9 shall be deemed to limit or
restrict the ability of the Township to conduct inspections of any
residential rental property as deemed necessary to enforce any portion
or part of the Code of the Township of Warminster or the laws of the
commonwealth. The property owner is responsible for the payment of
any and all costs of the inspection, as fixed from time to time by
resolution of the Board of Supervisors.
3.
Upon successful completion of all requirements of this Part 9, the
Department of Licenses and Inspection shall issue an appropriate residential
rental license permit. Rental units which fail to meet the requirements
of this Part 9 shall not qualify for issuance of a residential rental
license permit, unless the rental property is brought into compliance
with this Part 9. A reinspection fee may be paid by a landlord who
requires a reinspection prior to the issuance of a rental license
due to identified deficiencies in the original inspection. Reinspection
fees shall be as fixed from time to time by resolution of the Board
of Supervisors.
4.
Residential rental license permits issued under this Part 9 shall
be valid for a period of one calendar year and may be renewed upon
application. All rental units seeking renewal of a residential rental
license permit must comply with all terms and conditions of this Part
9. Change of tenant during the period of a valid license does not
require a new inspection.
5.
Inspection schedule.
A.
Beginning in 2019, and continuing thereafter, properties subject
to a residential rental license permit under this Part 9 shall be
inspected as provided herein:
B.
The Department shall have discretion to schedule inspections of licensed units consistent with this Part 9. Failure to comply with a notice from the Department of Licenses and Inspection regarding the scheduling or conduct of a mandatory inspection under this Part 9 may result in suspension and/or revocation of any residential rental license permit under this Part 9. Inspections under this subsection shall be subject to such fees and charges as set by the Township for inspections and/or reinspections, as applicable.
6.
Residential rental license permits under this Part 9 shall not be
subject to transfer or assignment.
1.
General.
A.
Notice of violations. The Municipal Enforcement Official shall provide
written notification of violations of the applicable Code of the Township
of Warminster, including, but not limited to, the International Property
Maintenance Code, the Uniform Construction Code, the International
Fire Code, the Zoning Ordinance,[1] the Subdivision and Land Development Ordinance,[2] the terms and conditions of this Part 9, and any and all
other applicable provisions of the Code of the Township of Warminster
or the laws of the commonwealth and require that they be corrected
within a reasonable period of time, as may be established by the Municipal
Enforcement Official in their reasonable discretion.
(1)
If a Municipal Enforcement Official determines that a rental
unit is unfit for human habitation, the unit shall be vacated and
remain vacated until such time as the violation is corrected.
(2)
The Municipal Enforcement Official may require a violation be
corrected within 24 hours, or such other expedited time period as
the Municipal Enforcement Official may determine, if the Municipal
Enforcement Official reasonably believes that there is an imminent
threat to the health, safety or welfare of the tenant or the public
at large. Such time period for corrective action shall be provided
on the notice of violation with a clear explanation of the corrective
action necessary for the unit to come into compliance.
B.
Nonrenewal. A Municipal Enforcement Official may deny the issuance
of a renewal residential rental license permit if there are outstanding
violations of applicable municipal ordinances remaining for any rental
unit owned or registered to that property owner. If the violations
are not a threat to safety of tenants or other members of the public,
a Municipal Enforcement Official shall permit the current tenants
to continue to reside in the unit for a reasonable period of time
to allow for the unit to come into compliance. A Municipal Enforcement
Official may issue a temporary residential rental license permit that
is conditioned upon certain actions being taken within a certain time
period.
C.
Revocation. The revocation of a residential rental license permit
may occur if the Municipal Enforcement Official determines that the
existing violation(s) present a threat to the safety of tenants or
other members of the public. Upon revocation, the owner shall take
immediate steps to evict or relocate the tenants. The residential
rental license permit may be reinstated upon the unit coming into
compliance with the stated violation(s).
D.
Suspension. The Municipal Enforcement Official may suspend a residential
rental license permit if:
(1)
Violations of the applicable municipal ordinance(s) have not
been corrected within a time period set forth in the pending notice
of violation.
(2)
The violation(s) are not a threat to safety of tenants or other
members of the public, in which event, the current tenants may continue
to reside in the unit under the suspended permit.
(3)
The property owner or his/her designated resident agent were
not available for a scheduled inspection, or if the name and contact
information for the property owner or resident agent are no longer
valid, and were not updated as required by this Part 9.
2.
Procedure for nonrenewal, suspension or revocation of residential
rental license permit. Following a determination that a residential
rental license permit shall not be renewed, or has been suspended
or revoked, the Municipal Enforcement Official shall notify the property
owner or resident agent of the action taken and the reason therefor.
Such notification shall be in writing, addressed to the property owner
or resident agent and shall contain the following information:
A.
The address of the premises in question and identification of the
affected rental unit(s).
B.
A description of the violation which has been found to exist.
C.
A statement that the residential rental license permit for said rental
unit(s) shall be suspended, revoked, or will not be renewed. Time
deadlines shall be provided in the notice. In the case of a revocation,
the notice shall state the date upon which such revocation will commence.
D.
A statement that during the license nonrenewal or revocation, the
property shall not be rented for occupancy, except for any temporary
conditional residential rental license permit extension that a Municipal
Enforcement Official may issue.
E.
Information regarding the owners and/or resident agent's right
to an appeal.
3.
Appeals.
A.
Any person affected by a decision, violation notice, report or order
of a Municipal Enforcement Official under this Part 9 shall have the
right to appeal to the Township of Warminster's Property Maintenance
Board of Appeals.
B.
An application for appeal may be made when it is claimed that the
provisions of this article have been improperly applied or administered
or that factual errors were made by the Municipal Enforcement Official,
or for such other grounds under this article as the applicant may
allege. A written application for appeal is required to be filed within
30 days after the day the decision, report, notice or order was received
or served. A fee as identified within the Fee Schedule shall be paid
in advance by the person requesting the hearing for each appeal to
the Property Maintenance Board of Appeals.
4.
Notifications.
A.
Notices of violations and license suspensions, revocations and nonrenewals
shall be sent to the property owner, and resident agent if applicable,
by regular mail.
B.
The Municipality shall not be responsible for failing to provide
notice if the owner has not provided an up-to-date name and address
for the property owner or the resident agent for the rental unit.
C.
For purposes of this Part 9, any notice required hereunder to be
given to a resident agent shall be deemed as notice given to the property
owner.
D.
A claimed lack of knowledge by the property owner of any violation
hereunder cited shall not be a defense to residential rental license
permit nonrenewal, suspension or revocation or an eviction order as
long as all required notice involving such proceedings have been sent
to the last known address of the property owner.
E.
Reinstatement. A residential rental license permit may be reinstated
if the property owner of a rental unit corrects the reason for the
revocation of the residential rental license permit within the time
period provided in the notice of violation and has paid the required
fee.
