This chapter shall be known as the Township of West Pike Run
"Residential Rental Unit Ordinance."
The purpose of this chapter and the policy of the Board of Supervisors
of the Township of West Pike Run, in order to protect and promote
the public health, safety and welfare of its citizens, to establish
rights and obligations of owners and occupants relating to the rental
of certain residential units in the Township of West Pike Run and
to encourage owners and occupants to maintain and improve the quality
of rental housing within the community. The policy of this Township
is that owners, managers and occupants share responsibilities to obey
the various codes adopted to protect and promote public health, safety
and welfare. As a means to those ends, this chapter provides for a
system of inspections, issuance and renewal of occupancy licenses
and sets penalties for violations. This chapter shall be liberally
construed and applied to promote its purposes and policies. In considering
the adoption of this chapter, the Township of West Pike Run makes
the following findings:
A. In recent years, many former private homes have been turned into
residential rental units;
B. In recent years, many former private businesses have been turned
into residential rental units within the Township;
C. Those rental units have oftentimes been rented to individuals who,
because they have no ownership interest in the property, have allowed
the properties to deteriorate; and
D. In many cases, owners of properties live long distances from the
Township of West Pike Run and as a result, property maintenance of
many rental units in the Township of West Pike Run have been somewhat
lax; and
E. Problems have occurred because many tenants have no ownership interest
in the real estate, have not been concerned about following the codes
of the Township of West Pike Run, including codes which govern maintenance
and safety of property;
F. In turn, problems for other homeowners near the rental units have
developed.
As used in this chapter, the following terms shall have the
meanings indicated:
CODE
Any code or ordinance adopted, enacted and/or in effect in
and for the Township of West Pike Run concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use or appearance
of any premises or residential unit. Included within, but not limited
by, this definition are the following which are in effect as of the
enactment of this chapter: the Uniform Construction Code (hereinafter
"UCC") the International Property Maintenance Code, International
Plumbing Code, International Fire Prevention Code, International Electrical
Code, Floodplain Management Ordinance, the International Building
Code and any duly enacted amendment or supplement to any of
the above and any new enactment falling within this definition.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having charge
of the office of Code Enforcement of the Township of West Pike Run,
the Deputy Fire Code Enforcement Officer for the Township of West
Pike Run, and any other person properly appointed to enforce the codes
and ordinances of the Township of West Pike Run, including, but not
limited to police officers authorized by the Township of West Pike
Run.
COMMON AREA
Any open area within a structure shared by occupants or that
the occupants have the right to share, including, but not limited
to, kitchens, bathrooms, living rooms, dining rooms, attics, basements
and any room used for parties, social events or the congregation of
people, excepting bedrooms.
DISRUPTIVE CONDUCT
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor of a residential rental
unit that is so loud, untimely (as to hour of the day), offensive,
riotous or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a report is
made to police and/or to the Code Enforcement Officer complaining
of such conduct, action, incident or behavior. It is not necessary
that such conduct, action, incident or behavior constitute a criminal
offense, nor that criminal charges be filed against any person in
order for a person to have perpetrated, caused or permitted the commission
of disruptive conduct, as defined herein. Provided, however, that
no disruptive conduct shall be deemed to have occurred unless the
Code Enforcement Officer or police shall investigate and make a determination
that such did occur, and keep written records, including a disruptive
conduct report, of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the Code Enforcement Officer or the police,
as the case may be, who actually investigates an alleged incident
of disruptive conduct and which shall be maintained by the Code Enforcement
Officer.
GUEST
A person on the premises with the actual or implied consent
of an occupant.
LANDLORD
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit (same as "owner").
LANDLORD-TENANT ACT
The Landlord and Tenant Act of 1951, 68 P.S. § 250.101
et seq., as amended.
MANAGER
An adult individual designated by the owner of a residential
rental unit.
OCCUPANCY LICENSE
The license issued to the owner of residential units under
the chapter, which is required for the lawful rental and occupancy
of residential rental units.
OCCUPANT
An individual who resides in a residential rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by a lease or by the laws of
the Commonwealth of Pennsylvania.
OWNER
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a residential
rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
POLICE
The Police Department employed by the Township of West Pike
Run or any authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Township of West Pike Run.
PREMISES
Any parcel of real property in the Township, including the
land and all buildings and appurtenant structures or appurtenant elements,
on which one or more rental units are located.
RENTAL AGREEMENT
A written agreement between the owner/landlord and occupant/tenant
supplemented by the addendum required under this chapter, embodying
the terms and conditions concerning the use and occupancy of a specified
residential rental unit or premises.
RESIDENTIAL RENTAL UNIT
Any structure within the Township which is occupied by someone
other than the owner of the real estate as determined by the most
current deed and for which the owner of said parcel of real estate
received any value, including, but not limited to money, or the exchange
of services. Each apartment within a building is a separate structure
requiring inspection and a license.
STRUCTURE
Any human-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
Each apartment within a building is a separate structure.
TENANT
An individual who resides in a residential unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord is established by lease or by the laws of
the Commonwealth of Pennsylvania (same as "occupant").
TOWNSHIP
The Township of West Pike Run, Washington County, Pennsylvania.
Every owner shall have the following duties:
A. To keep and maintain all rental units in compliance with all applicable
state laws and regulations and local ordinances.
B. To keep and maintain the owner's rental units in good and safe condition.
C. To regularly perform all maintenance, including grass cutting, lawn
mowing, weed removal, and ice and snow removal.
D. To make any and all repairs in and around the rental premises.
E. To regulate a proper and lawful use and maintenance of every premises
situate in the Township of West Pike Run and which he, she or it owns.
F. To regulate the conduct and activities of occupants of every unit
which he, she or it owns in the Township, when such conduct or activity
takes place at the owner's rental unit or on the rental unit premises.
G. To regulate the conduct and activity of occupants, both contractually
and through enforcement as more fully set forth in this chapter. This
section shall not be construed as diminishing or relieving, in any
way, the responsibility of occupants or their guests for their conduct
or activity, nor shall be construed as an assignment, transfer or
projection over or onto any owner of any responsibility or liability
which occupants or their guests may have as a result of their conduct
or activity under any private cause of action, civil or criminal enforcement
proceeding, or criminal law. This section shall not be construed so
as to require an owner to indemnify or defend occupants or their guests
when any such action or proceeding is brought against the occupant
based upon the occupant's conduct or activity. Nothing contained herein
is intended to impose any additional civil/criminal liability upon
owners other than that which is imposed by existing law. This chapter
is not intended to, nor shall its effect be, to limit any other enforcement
remedies which may be available to the Township of West Pike Run against
an owner, occupant or guest thereof.
H. Designation of manager. Every owner of a residential rental unit
in the Township who is not a full-time resident of the Township, and/or
who does not live within 15 miles of the boundaries of the Township
of West Pike Run, shall designate a manager who shall reside in an
area that is within 15 miles of the Township. If the owner is a corporation,
a manager shall be required if an officer of the corporation does
not reside within the above-referenced area. The officer shall perform
the same function as a manager. If the owner is a partnership, a manager
shall be required if a partner does not reside within the above-referenced
area. Said partners shall perform the same function as a manager.
The manager shall be the agent of the owner for the service of process
and receiving of notices and demands, as well as for performing the
obligations of the owner under this chapter and under rental agreements
with occupants. The identity, address and telephone number(s) of a
person who is designated as a manager hereunder shall be provided
by the owner or manager to the Township and such information shall
be kept current and updated as it changes. Any change in the identity
of the person designated as a residential rental unit manager, his
or her address or telephone number shall be communicated to the Township
within 15 days of any such change.
I. Disclosure. Before an occupant commences his or her tenancy, the
owner or manager shall:
(1) Disclose to the occupant/tenant, in writing, on or before the commencement
of the tenancy the name, address and telephone number of the manager,
and the name, address and telephone number of the owner;
(2) Shall furnish the occupant with the most recent inspection report
relating to the property.
J. Maintenance of premises.
(1) The owner shall maintain the premises in compliance with the applicable
codes of the Township and shall regularly perform all routine maintenance,
including lawn mowing, grass cutting, weed pulling and/or whacking
and ice and snow removal and shall promptly make any and all necessary
repairs to fulfill the obligation of maintenance.
(2) The owner and occupant may agree that the occupant is to perform
specific repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and the occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
(a)
The agreement of the parties is entered into in good faith and
not for the purpose of evading the obligations of the owner or occupant;
(b)
The agreement does not diminish or affect the obligation of
the owner to other occupants in the premises;
(c)
In no case shall the existence of any agreement between owner
and occupant relieve an owner of any responsibility under this chapter
or other ordinances or codes from maintenance of the premises.
K. Rental agreement. The following shall apply to all rental agreements
entered into in the Township:
(1) All disclosures and information required to be given to occupants
by the owners shall be furnished at or before the commencement of
the landlord/tenant relationship. The owner shall provide the occupant
with copies of any rental agreement and addendum upon execution.
(2) Terms and conditions. The owner and occupant may include in the rental
agreement terms and conditions not prohibited by this chapter or other
applicable ordinances, regulations and laws, including rent, term
of agreement and other provisions governing the rights and obligation
of the parties.
(3) Prohibited provisions. Except as otherwise provided by this chapter,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this chapter. A provision
prohibited by this subsection, including any rental agreement, is
unenforceable.
(4) Provision of summary of chapter to occupant. Following the effective
date of this chapter, a summary hereof in substantially the form set
forth in Appendix A shall be provided to the occupant at or before the commencement
of the landlord/tenant relationship. If a summary has been provided
at or before the commencement of the landlord/tenant relationship,
a summary does not have to be provided upon renewal. Where a rental
agreement has been entered into prior to the effective date of this
chapter, the owner shall provide the occupant with a copy of the summary
within 60 days after the enactment of this chapter.
(5) The owner shall secure a written acknowledgment from occupants that
the occupants have received the disclosures and information required
by this chapter.
(6) Upon request by the Township of West Pike Run, the owner within 10
days of the request shall furnish to the Township copies of any leases
required by the Landlord-Tenant Act that the owner has entered into
for residential rental units, including acknowledgment that the occupants
have received the disclosures and information required by this chapter.
L. Registration. Every owner of a residential unit must register the
unit with the Code Enforcement Officer in accordance with the following
schedule:
(1) For all owners of existing residential rental units, they must register
the units with the Code Enforcement Officer within 30 days after the
effective date of this chapter.
(2) Any individual, entity, or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Code Enforcement Officer of the Township within
30 days of the completion of the conversion of the unit or units or
within 30 days of the time when any rent, including the exchange of
other services for the unit or units, is obtained or within 30 days
of the date within which a tenant or tenants occupies the unit or
units, whichever time period is sooner.
(3) When a residential rental unit is sold, the purchaser (grantee) and/or
his or her agent shall within 72 hours of any purchase of a residential
rental unit notify the Township by contacting the Code Enforcement
Officer.
(4) The 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 below.
(5) All owners of any residential rental unit living outside the fifteen-mile limit set forth in §
277-4H must have a local manager who shall reside within 15 miles of the Township of West Pike Run and who shall be available as an emergency contact person.
(6) Registration information shall be provided by all owners to the Code
Enforcement Officer and shall include the following:
(a)
Owner name, address, telephone number;
(b)
Local manager name, address, and telephone number;
(c)
Property address and number of units;
(d)
Maximum occupancy per unit;
(e)
Emergency telephone number for rental unit;
(f)
Actual number of occupants;
(g)
Names and addresses of current tenants and/or all others occupying
the residential units with the tenants.
(7) Any owner of a residential rental unit shall notify the Township
within 10 days of a new tenant occupying, renting or residing in the
landlord's or the owner's residential unit.
(8) Notwithstanding any other provisions of this chapter, the names and
addresses of the tenants shall not be disclosed by any Township personnel
in the event that the tenant is the subject of a court order requiring
that this information be kept confidential.
M. Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
N. Landlord-Tenant Act. The owner shall comply with all provisions of
the Landlord-Tenant Act.
O. Common areas. Where an owner of a residential rental unit does not
regulate the use of common areas and the behavior of occupants and
guests in the common areas, the owner shall be directly responsible
for the behavior of occupants and guests in the common areas as if
the owner were an occupant. The failure of the owner to regulate behavior
of occupants and guests in the common areas that results in the following
shall be a violation of this chapter:
(1) Engaging in fighting, threatening or other violent or tumultuous
behavior;
(2) Making unreasonable noise; or
(3) Creating a hazardous or physically offensive condition by any act
which serves no legitimate purpose of the actor.
P. Enforcement.
(1) Within 10 days after receipt of written notice from the Code Enforcement
Officer that an occupant of a residential rental unit has violated
a provision of this chapter, the owner shall take immediate steps
to remedy the violation and take steps to assure that there is not
a reoccurrence of the violation.
(2) Within 20 days after receipt of a notice of violation, the owner
shall file with the Code Enforcement Officer a report, on a form provided
by the Township, setting forth what action the owner has taken to
remedy the violation and what steps he or she has taken to prevent
a reoccurrence if the violation. The report shall also set forth a
plan as to steps the owner will take in the future if the violation
reoccurs,
(3) The Code Enforcement Officer shall review the report, and, if adequate
steps have been taken and the plan is adequate to address future violations,
shall approve the plan. The owner shall, on his or her initiative,
enforce the plan, and failure to do so shall be a violation of this
chapter.
(4) In the event that a second violation occurs within a license year
involving the same occupant or occupants, the Code Enforcement Officer
may direct the owner to initiate eviction proceedings against the
occupants who violated this chapter in accordance with the Landlord-Tenant
Act and to not permit the occupant to occupy the premises during the
subsequent licensing period. All tenants who have been evicted if
asked shall advise their new landlord that they have been evicted
from a residence for violating the terms and conditions of this chapter.
This duty of disclosure shall apply to all tenants who seek to rent
residential rental units within the Township of West Pike Run.
Q. Code violations. Upon receiving notice of any code violations from
the Code Enforcement Officer, the owner shall promptly take action,
or cause the necessary action to be taken, to abate the offending
condition and eliminate the violation.
R. Township can make repairs. In the event the owner of premises shall
neglect, fail or refuse to comply with any notice from the Township
of its Code Enforcement Officer to correct a violation relating to
maintenance and repair of the premises under any code in effect in
the Township within the period of time stated in such notice, the
Township may cause the violation to be corrected and/or abated by
using Township personnel and/or individuals contracted with the Township
to correct, cure and/or abate such violations. In such circumstance,
there shall be imposed upon the owner a charge of all costs involved
for each time the Township shall cause a violation to be corrected,
abated and/or cured and the owner of the premises shall be billed
after the same has been completed. Any such bill which remains unpaid
and outstanding after the time specified therein for payment shall
be grounds for the imposition of a municipal lien upon the premises
as provided by law. Such a lien may be reduced to judgment and enforced
and collected as provided by law, together with interest at the legal
rate and court costs. The remedies provided by this subsection are
not exclusive and the Township and its Code Enforcement Officer may
invoke such other remedies available under this chapter or the applicable
codes, ordinances or statutes, including, where appropriate, condemnations
proceedings or declarations of premises as unfit for habitation; or
suspension, revocation or nonrenewal of the license issued hereunder
and/or other provisions aimed at citing owners who fail to comply
with this chapter.
S. Inspections. The owner shall permit inspections of any premises by
the Code Enforcement Officer at reasonable times upon reasonable notice.
Inspections may also be performed by the Code Enforcement Officer's
designee. The inspections shall be completed as follows:
(1) The Code Enforcement Officer shall inspect all units once a year
and record the inspection on a written inspection report. The inspection
report shall be signed and dated by the owner of the residential rental
unit or his or her manager and shall in addition be signed by all
the tenants named on the lease at the time of the inspection. Inspections
may be made by the Code office any time within the said year.
(2) The reports of inspections shall be kept on file in the Code Enforcement
office and shall be available upon request.
T. Smoke alarm. All owners of residential rental units in the Township
shall be required within five days of the passage of this chapter
to install smoke alarms, regardless of the occupant at the following
locations:
(1) On the ceiling or wall outside each separate sleeping area in the
immediate vicinity of the bedroom;
(2) In each room used for sleeping purposes;
(3) In each story within a dwelling unit, including basements and cellars,
but not including crawl spaces and uninhabitable attics.
U. Noncompliance. In the event of noncompliance, the following provisions
shall apply:
(1) Any parcel of real estate containing a residential rental unit which
has been found to be in noncompliance with this chapter shall be subject
to reinspection by the Code Enforcement Officer. The Code Enforcement
Officer shall contact the owner and/or manager to set up an inspection
date and time. Such inspection date and time shall occur within 15
days of the date of the Code Enforcement Officer's request and/or
sooner if agreed upon by the parties. Additionally, in circumstances
where a residential rental unit has been found to be noncompliant
and it has become vacant, such unit shall be subject to inspection
upon request by the Code Enforcement Officer within 15 days of the
date that the unit has become vacant.
(2) In the event of a violation, a residential rental unit cannot be occupied unless and until the unit is approved as meeting the criteria of this chapter, including an inspection by the Code Enforcement Officer as set forth in Subsection
U(1) above and any other applicable codes of the Township of West Pike Run as determined by the Enforcement Officer.
(3) Notice of violation; remedy; subsequent violation.
(a)
If, after inspection of one or more of the residential rental
units as set forth above, the Code Enforcement Officer determines
that there are violations of any of the codes of the Township, the
Code Enforcement Officer shall provide a notice of violation which
shall, at minimum, set forth the following:
[1]
Street address of the property;
(b)
Within 10 days after a receipt of notice of the Township's Code
Enforcement Officer that there has been a violation of this section
or any applicable ordinances, the owner shall take immediate steps
to remedy the violation and take steps to assure that there will not
be a reoccurrence of the violation.
(c)
Within 20 days after receipt of a notice of violation the owner
of a residential rental unit shall file with the Code Enforcement
Officer a report on a form provided by the Township setting forth
what action the owner has taken to remedy the violation and what steps
he or she has taken to prevent a reoccurrence of the violation. The
report shall also set forth a plan as to steps the owner will take
in the future if the violation reoccurs.
(d)
The Code Enforcement Officer shall review the report and, if
adequate steps have been taken and the plan is adequate to address
future violations, shall approve the plan. The owner, on his or her
own initiative shall enforce the plan, and failure to do so shall
be a violation of this chapter of the Township of West Pike Run.
(e)
In the event that a second violation occurs within a twelve-month
period, involving the same occupant or occupants, the Code Enforcement
Officer may direct the owner to evict the occupant or occupants who
have violated the ordinance of the Township of West Pike Run and to
not permit the occupants to occupy the premises during any subsequent
period.
(4) If, after a violation as set forth above, a parcel of real estate
containing residential rental units has no violations of applicable
codes of the Township of West Pike Run for a period of two years,
said property shall then be deemed to be back in compliance with the
terms and conditions of this chapter and shall not then be subject
to the inspections set forth in this section until there are other
violations.
(5) If a parcel of real estate is noncompliant with the terms and conditions
of this chapter or other ordinances of the Township and the parcel
is sold, then the parcel of real estate shall remain noncompliant
until the sooner of the following events:
(a)
The original two-year period with no violations passes with
no further violations; or
(b)
If 10 months passes after purchase by the new owner with no
violations of any ordinances of the Township of West Pike Run.
(6) All owners of any real estate containing or upon which are erected
any residential rental unit which are in noncompliance with this chapter
and who desire to sell the parcel of real estate shall notify the
purchasers, in writing, prior to the sale of the parcel of real estate
that the parcel of real estate is in noncompliance with the terms
and conditions of this chapter. Further, any property and/or selling
of parcel and real estate upon which is erected a residential rental
unit or units which are found to be in noncompliance under the terms
and conditions of this chapter shall notify the Code Enforcement Officer,
in writing, within 30 days prior to closing on the sale of said parcel
of real estate.
(7) All owners of any parcels of real estate containing residential rental
units shall permit access to the property so that the Code Enforcement
Officer of the Township of West Pike Run shall be able to complete
all inspections necessary to determine compliance with this chapter
and any other applicable ordinances of the Township of West Pike Run.
Refusal to allow entry to the residential rental until by the Code
Enforcement Officer for the purposes of inspection shall be considered
a violation of the ordinance.
(8) For the purpose of enforcing this chapter, the Code Enforcement Officer
may seek to obtain a search warrant issued by a competent authority
for the purpose of compelling an inspection or otherwise enforcing
the terms and conditions of this chapter.
(9) The Code Enforcement Officer may reinspect any property subject to
a notice of violation upon expiration of the time to accomplish repairs
or upon notice from the owner that the violations have been rectified.
(10)
The owner of any property containing or upon which is erected
a residential rental unit shall pay a $25 fee for each and every reinspection
to cover the cost of the reinspection each time a reinspection is
required under the terms of this chapter or each time a reinspection
is requested by the Code Enforcement Officer to determine compliance
with this chapter or any other applicable ordinances of the Township.
The fee set forth herein may be increased or decreased by a resolution
of the Township of West Pike Run.
V. Documentation.
(1) The owner shall maintain at the licensed rental unit and provide
upon demand the following:
(a) The current license and current inspection report issued by the Code
Enforcement Officer of the Township.
(b) The addendum to the license application required by this chapter
showing the names of the authorized occupants of the residential rental
unit.
(c) The total number of persons who may occupy the residential rental
unit or units and any common areas located within the residential
rental unit.
(d) A notice of ordinances and statutes applicable to the occupants of
the rental unit on a placard provided by the Township.
(2) The notices required by this section shall be maintained in such
a way so as to minimize tampering and removal.
The following provision shall constitute duties of any occupant
of residential rental units within the Township:
A. General. The occupant shall comply with all obligations imposed upon
occupants by this chapter, all applicable codes and ordinances of
the Township of West Pike Run and all applicable provisions of state
law.
B. Maximum occupancy. The maximum number of persons permitted in any
rental unit at any time shall not exceed one person per each 40 square
feet of habitable floor space in said rental unit.
C. Garbage. An occupant shall deposit all rubbish, garbage and other
waste from his or her rental unit into containers provided by the
owner or landlord in a clean and safe manner and shall separate and
place for collection all recyclable materials, if required, in compliance
with all ordinances of the Township of West Pike Run and all other
applicable laws and regulations.
D. Peaceful enjoyment. The occupant shall conduct himself or herself
and require other persons, including, but not limited to, guests on
the premises and within his or her rental unit with his or her consent,
to conduct themselves in a manner that will not disturb the peaceful
enjoyment of the premises by others, and that will not disturb the
peaceful enjoyment of an adjacent or nearby dwelling by the person
occupying the same.
E. Residential use. The occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her rental unit
for no other purpose than as a residence.
F. Illegal activities. The occupant shall not engage in, nor tolerate,
nor permit others on the premises engage in, any conduct declared
illegal under Pennsylvania Crimes Code (18 Pa.C.S.A. § 101
et seq.), or Liquor Code (47 P.S. § 1-101 et seq.), or the
Controlled Substance Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.).
G. Disruptive conduct. The occupant shall not engage in, nor tolerate,
nor permit others on the premises to engage in, disruptive conduct
or other violations of this chapter. It shall be a violation of this
chapter for any occupant or any other person to engage in disruptive
conduct as defined by this chapter. When police or the Code Enforcement
Officer investigate an alleged incident of disruptive conduct, he
or she shall complete a disruptive conduct report upon a finding that
the reported incident did, in his or her judgment, constitute disruptive
conduct as defined herein. The information filled in on said report
shall include, if possible, the identity or identities of the alleged
perpetrator(s) of the disruptive conduct and all other obtainable
information, including the factual basis for the disruptive conduct
requested on the presented form. Where the police make such investigation,
said officer shall then submit the completed disruptive conduct report
to the Code Enforcement Officer. In all cases, the Code Enforcement
Officer shall mail a copy of the disruptive conduct report to the
owner or manager within three working days of the occurrence of the
alleged disruptive conduct, whether the person making the investigation
on behalf of the Township is the Code Enforcement Officer or a police
officer.
H. Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
the owner and occupant. Failure to comply may result in the eviction
of the occupant by the owner.
I. Damage to premises. The occupant shall not intentionally cause, nor
permit or tolerate others to cause, damage to the premises. Conduct
which results in damages in excess of $500 shall be considered a violation
of this chapter.
J. Inspection of premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice.
K. Removal or defacement of notice. It shall be a violation of this
chapter for any person to remove or deface any notice or document
required to be posted within a residential rental unit and it shall
be unlawful for any person to occupy the rental unit unless all notices
or documents are posted as required.
L. Tenant registration. The following provision shall govern tenant
registration within the Township of West Pike Run:
(1) All tenants who are renting a residential rental unit or residential
rental units in the Township of West Pike Run shall within 60 days
of the passage of this chapter go to the Code Enforcement Officer
in the West Pike Run Township Building located at 238 Pike Run Drive,
Daisytown, Pennsylvania, with two forms of identification which shall
include a state-issued driver's license or photo identification card
and one of the other following forms of identification:
(d)
Other governmental-issued identification.
(2) The Township shall not retain a record of the tenant's social security
number, if any, driver's license or photo identification number, date
of birth, passport number or country of issuance or similar confidential
information, but shall review these documents solely to verify identity.
(3) The Township Code Enforcement Officer shall record the name of the
tenant, the landlord's name, the date of registration, the address
of the leased premises and the type of identifying information presented
(e.g., passport and/or birth certificate) and shall have the tenant
attest in writing that the information provided is true and correct
subject to the penalties provided for unsworn falsification to authorities
under Title 18 of the Pennsylvania Consolidated Statutes.
(4) If a tenant is unable to present this information in person on account
of a disability or infirmity, the Code Enforcement Officer shall provide
alternative means to provide this information in order to reasonably
accommodate the tenant.
(5) Each time a tenant enters into a new lease, he or she shall register
with the Township of West Pike Run within 10 days of entering into
the landlord-tenant relationship and/or occupying the premises, whichever
occurs first, and provide the information referenced above.
The following provisions shall apply to all licenses and inspection
in the Township of West Pike Run:
A. License requirement.
(1) As a prerequisite to entering into a rental agreement of permitting
the occupancy of any rental unit (except as provided herein) the owner
of every such rental unit shall be required to apply for and obtain
license for each rental unit. A license shall be required for all
residential rental units. The following categories of rental properties
shall not require licenses, and shall not, therefore, be subject to
the permanent provision of this chapter:
(d)
Properties owned by churches and/or religious organizations
which serve as offices and/or residences for clergy.
(2) The application for the license shall be in a form as determined
by the Township. The owner shall maintain a current and accurate list
of occupants in each rental unit which shall include the name and
current telephone number and which shall be available to the Township
for inspection upon reasonable notice. The owner shall notify the
Township of changes in the occupancy or of contact information within
10 days of the change.
(3) The owner shall furnish with his or her application for a license
a floor plan, drawn to scale, with measurements of each room within
the residential rental unit. The owner shall submit the scale drawing
only with the first application submitted after the enactment of this
chapter. In the event that there are changes to the floor plan, the
owner shall submit a revised floor plan with the application first
submitted after the changes to the floor plan were made. The Township
may share this floor plan with all other Township departments and
agencies, including the local Volunteer Fire Department.
(4) In the event that a license is denied by the Code Enforcement Officer,
the owner shall have the right to appeal to the Township Supervisors
within 30 days of the mailing of the notice of denial of the application.
The hearing before the Township Supervisors shall be governed by the
Local Agency Law.
B. Annual license term, fee and occupancy limit. The following provisions
shall apply to the annual license term, fee and occupancy limits:
(1) Each license shall have an annual term running through January 1
of a particular year through December 31 of that year.
(2) Upon application for a license prior to an issuance or renewal thereof,
each owner/applicant shall pay to the Township an annual license and
inspection fee, in an amount to be established, from time to time,
by resolution of the Supervisors of the Township of West Pike Run.
The initial fee for a license shall be $50 for each premises. The
initial fee for inspection shall be $10 per residential rental unit.
The fee due during calendar year 2016 shall be paid on or before June
30, 2016. In each succeeding year, the fee shall be paid on or before
the 15th day of January.
(3) The license shall indicate thereon the maximum number of occupants
in each rental unit.
(4) No license shall be issued if the owner has not paid any fines and
costs arising from the enforcement of this chapter or any of the ordinances
of the Township of West Pike Run relating to land use and/or code
enforcement or if any licensing fees under this chapter are due and
owing to the Township.
C. Search warrant. Upon a showing of probable cause that a violation
of this chapter or any other ordinance of the Township of West Pike
Run has occurred, the Code Enforcement Officer may apply to the Magisterial
District Judge having jurisdiction in the Township of West Pike Run
for a search warrant to enter and inspect the premises.
The following provisions shall apply to the nonrenewal, suspension
or the revocation of a residential rental unit license:
A. The Code Enforcement Officer may initiate disciplinary action against
an owner that may result in a formal warning, nonrenewal, suspension
or revocation of the owner's license, for violating any provision
of this chapter that imposes a duty upon the owner and/or for failing
to regulate the breach by occupants as provided herein.
B. Definition of options. The following options shall apply:
(1) Formal warning. A formal written notification of at least one violation
of this chapter may be handled by the use of a formal warning. Upon
satisfactory compliance with this chapter in any conditions imposed
by the Code Enforcement Officer and/or the Township of West Pike Run,
the formal warning shall be removed when the owner applies for license
renewal at a time set by the Code Enforcement Officer and the reason
for the warning no longer exists.
(2) Nonrenewal. Nonrenewal is the denial of the privilege to apply for
license renewal after the expiration of the license term. The Township
will permit the owner to maintain occupants in the premises until
the end of the license term, but will not accept applications for
renewal of the license until a time set by the Code Enforcement Officer
or by the Supervisors of the Township of West Pike Run. Any real estate
rental unit for which a license has not been renewed shall be required
to undergo an inspection as provided for in this chapter.
(3) Suspension. The immediate loss of the privilege to rent residential
rental units for a period of time set by the Code Enforcement Officer
and/or the Township Supervisors. The owner, after the expiration of
the suspension period, may apply for license renewal without the need
to show cause why the owner's privilege to apply for a license should
be reinstated. Upon suspension, the owner shall take immediate steps
to evict the occupants.
(4) Revocation. The immediate loss of the privilege to rent residential
rental units for a period of time set by the Code Enforcement Officer
or the Township Supervisors and the loss of the privilege to apply
for renewal of the license at the expiration of the time period. Upon
the loss of the privilege to rent, the owner shall take immediate
steps to evict the occupants.
C. Criteria for applying discipline. The Code Enforcement Officer, when
recommending discipline, and the Township Supervisors, when applying
discipline, shall consider the following:
(1) The effect of the violation on the health, safety and welfare of
the occupants of the residential rental unit and other residents of
the premises.
(2) The effect of the violation on the neighborhood.
(3) Whether the owner has prior violations of this chapter and other
ordinances of the Township or has received notices of violations as
provided for in the ordinance.
(4) Whether the owner has prior violations of the ordinances in other
municipalities, including those within and without of the Commonwealth
of Pennsylvania.
(5) Whether the owner has been subject to disciplinary proceedings under
this chapter.
(6) Whether the owner has been to proceedings under prior ordinances.
(7) The effect of disciplinary action on the occupants.
(8) The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(9) The policies and lease language employed by the owner to manage the
rental unit to enable the owner to comply with the provisions of this
chapter.
(10)
In addition to applying discipline as set forth above, the Code
Enforcement Officer may recommend and the Township Supervisors may
impose upon the existing or subsequent licensees reasonable conditions
related to fulfilling the purposes of this chapter.
D. Grounds for imposing discipline. Any of the following may subject
an owner to discipline as provided for in this chapter:
(1) Failure to abate a violation of Township codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
(2) Refusal to permit the inspection of the premises by the Code Enforcement
Officer as required by this chapter.
(3) Failure to take steps to remedy and prevent violations of this chapter
by occupants of residential rental units as required by this chapter.
(4) Failure to file and implement an approved plan to remedy and prevent
violations of this chapter by occupants of the rental unit as required
by this chapter.
(5) Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer of the Township as provided for in this
chapter.
(6) Three violations of this chapter or other ordinances of the Township
that apply to the premises within a license term. For purposes of
this chapter, there need be no criminal conviction before a violation
can be found to exist. Before a violation may be aggregated under
this section the Code Enforcement Officer must have sent the owner
written notice of each violation to the owner or designated manager
and must have provided written notice of the intention to aggregate
the violations together for the purpose of imposing discipline under
this section.
E. Procedure for nonrenewal, suspension or revocation of license. The
following provisions apply to the procedure that must be observed
in issuing a nonrenewal, suspension and/or revocation of a residential
rental unit license:
(1) Notification. Following a determination that grounds for nonrenewal,
suspension or revocation of a license exist, the Code Enforcement
Officer shall notify the owner of the action to be taken and the reason
therefor. Such notification shall be in writing, addressed to the
owner in question and shall contain the following information:
(a)
The address of the premises in question and the identification
of the particular residential rental unit affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the license for said residential rental unit
shall be either suspended or revoked, or will not be renewed for the
next license year beginning January of that year, or that the owner
will receive a formal warning. In the case of a suspension, or revocation,
the notice shall state the date upon which such suspension or revocation
will commence and in the case of a suspension, shall also state the
duration of said suspension.
(d)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner or any person acting on his, her or
its behalf is prohibited from renting, leasing or permitting occupancy
of the dwelling units(s) from and during the period said action is
in effect.
(e)
A statement informing the owner that he, she or it has a right
to appeal the decision suspending, revoking or declining to renew
the license to Township Supervisors, by submitting in writing to the
Township Secretary within 30 days from the date printed on notice,
a detailed statement of the appeal, including the grounds therefor,
and the reasons alleged as to why the determination of the Code Enforcement
Officer is incorrect or should be overturned, and a statement of relief
requested by the appellant. Such notice of appeal shall be required
to be submitted on a form to be prescribed therefor by Township Supervisors,
and signed by the appellant. There is hereby imposed a fee for filing
of such appeals, the amount of which shall be determined and established,
from time to time, by resolution of the Township Supervisors. The
initial fee for the filing of such appeal shall be $100. In the event
that the appeal is sustained, the fee shall be refunded to the owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(f)
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the Township Secretary shall schedule a
hearing to be held at the time and date of the next regularly scheduled
Township Supervisor meeting not less than 10 days from the date on
which the appeal is filed.
(g)
The appellant, the Code Enforcement Officer and the owners of
the properties within a radius of 300 feet from the premises for which
the license is at issue shall receive written notice of the hearing
on the appeal.
(h)
Township Supervisors shall hold a hearing on the appeal which
shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq. The
appellant and all other parties having an interest may be heard. Based
on the facts and argument of the appellant and of the Code Enforcement
Officer and any police or other public officials involved, and any
relevant factual presentations of other parties, the Township Supervisors
shall make a decision either affirming, reversing or modifying the
action of the Code Enforcement Officer from which the appeal is taken.
Such decision shall be rendered at a public meeting, either immediately
following the hearing or within 30 days thereafter. The decision shall
be reduced to writing stating clearly the factual and legal basis
for the decision, within 45 days after the hearing. If the Supervisors
of the Township of West Pike Run deems it necessary or desirable,
it may continue the hearing to a subsequent time and date not later
than 30 days from the initial hearing and, in such case, the time
limits for rendering the decision and reducing it to writing set forth
herein shall be calculated from the last hearing date (at which the
substance of the decision is orally announced).
(2) Delivery of notification.
(a)
All notices shall be sent to the owner and manager, if applicable,
by certified mail. In the event that the notice is returned by the
postal authorities marked "unclaimed" or "refused," then the Code
Enforcement Officer shall attempt delivery by personal service on
the owner or manager, if applicable. The Code Enforcement Officer
shall also post the notice at a conspicuous place on the premises.
(b)
If personal service cannot be accomplished after a reasonable
attempt to do so, then the notice may be sent to the owner or manager
at the addresses stated on the most current license application for
the premises in question, by regular first-class mail, postage prepaid.
If such notice is not returned by the postal authorities within five
days of its deposit in the United States Mail, then it shall be deemed
to have been delivered to and received by the addressee on the fifth
day following its deposit in the United States Mail, and all time
periods set forth above shall thereupon be calculated from said fifth
day.
F. Nonexclusive remedies. The penalty provisions of this section and
the license nonrenewal, suspension and revocation procedures provided
in this chapter shall be independent, non-mutually exclusive separate
remedies, all of which shall be available to the Township as may be
deemed appropriate for carrying out the purposes of this chapter.
Under no circumstances shall the remedies in this chapter preclude
the Township from citing individuals, including owners and/or occupants,
for violations of this chapter as is contemplated by 53 P.S. § 48301
et seq. The remedies and procedures provided in this chapter for
violations hereof are not intended to supplant or replace to any degree
the remedies and procedures available to the Township in the case
of a violation of any other code or ordinance of the Township, whether
or not an ongoing violation of such other code or ordinance is cited
as the underlying ground for a finding of a violation of this chapter.
The following provisions apply to the enforcement, violations
and penalties of this chapter.
A. This chapter shall be enforced by the Code Enforcement Officer to
the Township of West Pike Run, all police officers and any other persons
designated by the Supervisors of the Township of West Pike Run.
B. Basis for violation. It shall be unlawful:
(1) For any person, as either owner or manager of a residential rental
unit for which a license is required, to operate without a valid,
current license issued by the Township authorizing such operation.
(2) For any person, either owner or manager to allow the number of occupants
of residential units to exceed the natural limit as set forth in the
license.
(3) To violate any other provision of this chapter, including, but not
limited to this section.
(4) For any occupant to violate any portion of this section and/or ordinance.
C. Penalties. The following penalties shall apply to this chapter:
(1) Any landlord or owner of a residential unit which violates any provision
of this chapter together with all subsections hereunder shall upon
conviction thereof be sentenced to pay a fine of no more than $500
for each and every offense. Each day of a violation of this chapter
shall constitute a separate offense which may be subjected to an additional
maximum fine.
(2) Any occupant of a residential rental unit who violates any provisions
of this chapter and any of its subsections shall upon conviction thereof
in a summary proceeding be sentenced to pay a fine of not more than
$500 for each and every offense. Each day of said violation shall
constitute a separate offense for which a separate fine may be imposed.
D. Fines. All fines imposed through this chapter shall be collected
as allowable by law.
E. Separate violation. Each day during which any owner of a residential
rental unit violates any provision of this chapter shall constitute
a separate offense.
F. Choice of remedy. This chapter and the foregoing penalties shall
not be construed to limit or deny the right of the Township of West
Pike Run or its agents or representatives to such equitable other
remedies as may otherwise be available with or without process of
law.
G. Attorneys fees. In addition to the fines set forth herein, the Township
of West Pike Run shall be entitled to reasonable attorneys fees incurred
in enforcing this chapter. Said fees shall be added to any penalties
set forth above.
H. Owner's duties. The owner of all residential rental units in the
Township of West Pike Run shall have the responsibility of making
sure that all occupants within their rental units comply with and
abide by this chapter.
The following miscellaneous provisions shall govern this chapter:
A. Notices. For the purposes of this chapter, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
There shall be rebuttable presumption that any notice required to
be given to the owner under this chapter shall have been received
by such owner if the notice was given to the owner in the manner provided
by this chapter. The plain lack of knowledge by the owner of any violation
hereunder cited shall be no defense to license nonrenewal, suspension
or revocation proceedings as long as all notices prerequisite to institution
of such proceedings have been given and deemed received in accordance
with the applicable provisions of this chapter.
B. Changes in ownership, occupancy. It shall be the duty of each owner
of a residential rental unit to notify the Code Enforcement Officer,
in writing, of any change in ownership of the premises or of the number
of residential premises or of the number of residential rental units
on the premises. It shall also be the duty of the owner to notify
the Code Enforcement Officer in writing of any increase in the number
of occupants in any rental unit or of the changing of a rental unit
from owner-occupied to non-owner-occupied, which thereby transforms
the dwelling into a residential rental unit for the purposes of this
chapter.
C. Owners, severally responsible. If any rental unit is owned by more
than one person, in any form of joint tenancy, as a partnership or
otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this chapter and shall be
severally subject to prosecution for the violation of this chapter.
D. Confidentiality. All registration and contact information shall be
maintained in a confidential manner by the Code Enforcement Officer
and shall only be utilized for the purpose of enforcement of this
chapter by the Code Enforcement Officer for other lawful Township
purposes.
E. Separability and savings. If any section or provision of this chapter
is adjudged by a court of competent jurisdiction to be unlawful, void,
or unenforceable, all the remaining sections and provisions of this
chapter shall remain in full force and effect.