[HISTORY: Adopted by the Board of Commissioners of the Township
of Muhlenberg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-20-2015 by Ord. No. 541[1] (Ch. 112, Art. I, of the 1982 Code)]
[1]
Editor's Note: This article also superseded former Art. I,
Residential Rental Properties, adopted 8-25-2014 by Ord. No. 533.
As used in this article, the following terms shall have these
meanings:
Muhlenberg Township police officer or Muhlenberg Township
Engineering and Codes Department Officer or its designated agent.
Any person who, either alone or jointly or severally with
others, has legal title to any residential rental property or residential
rental unit, with or without accompanying actual possession thereof,
or who has charge, care or control of any residential rental property
or residential rental unit as an owner or agent of the owner or as
executor, executrix, administrator, administratrix, trustee or guardian
of the estate of the owner. Any such person thus representing the
actual owner shall be bound to comply with the provisions of this
article and the rules and regulations adopted pursuant thereto to
the same extent as if he/she was the owner.
Any natural individual, partnership, association, corporation,
joint venture, receiver, executor, trustee or personal representative
or guardian appointed by order of any court.
Real property of any form which offers rooms or groups of
rooms for one or more persons as independent living facilities, to
provide for living, sleeping, cooking and disposal of human waste,
that are not occupied by the owner of the property. Residential rental
properties include but are not limited to single-family dwellings,
two-family dwellings or duplexes, multifamily dwellings, apartments,
boardinghouses, guest houses, rooming houses, lodging houses, hotels,
and tourist houses, including properties where the tenant has an option
or other contractual right to purchase the property.
[Amended 4-19-2016 by Ord. No. 560]
A room or group of rooms for one or more persons with independent
living facilities, providing for living, sleeping, cooking and disposal
of human waste, that are not occupied by the owner of the property.
Residential rental units include but are not limited to single-family
dwellings, two-family dwellings or duplexes, multifamily dwellings,
apartments, boardinghouses, guest houses, rooming houses, lodging
houses, hotels, and tourist houses.
A.
No person hereafter shall occupy,
allow to be occupied, or lease to another person for occupancy any
residential rental unit within a residential rental property within
the Township of Muhlenberg unless a license application has been properly
completed and filed with the Township of Muhlenberg and all fees paid
therefor.
B.
No person shall allow another
to occupy or to lease to another person for occupancy a residential
rental unit within a residential rental property within the Township
of Muhlenberg unless the property owner lives within 50 miles of the
residential rental property or a designated property manager resides
within 50 miles of the residential rental property. The property owner
shall provide contact information to the Township. Such contact information
shall be such that will permit the Township, in the event of an emergency,
to contact the property owner or the designated property manager 24
hours a day, seven days a week, 365 days a year. In the event the
Township alerts the property owner or the designated property manager
of an emergency, the property owner or the designated property manager
shall be present at the property in question to address the emergency.
It shall be the property owner or designated property manager's absolute
duty to update the contact information in the event the same is changed
at any time.
A.
Every owner, landlord, manager
or agent for an owner who rents or leases or offers for occupancy
any real property or portion thereof in the Township of Muhlenberg
to any tenant or occupant for a period of time in excess of seven
days shall submit an application to the Township of Muhlenberg Engineering
and Codes Department for a residential rental property license for
that residential rental property, and the same shall be made upon
forms furnished by the Township of Muhlenberg for this purpose and
shall include, but not be limited to, the following:
(1)
The name(s), address(es),
telephone number(s) and e-mail address(es) of the property owner(s).
(2)
The name, address and telephone
number of a designated property manager who resides or has an office
within 50 miles of the residential rental property if the property
owner lives outside the fifty-mile radius of the residential rental
property.
(3)
The street address of the
residential rental property.
(4)
The number and type of units
within the residential rental property.
(a)
The dwelling unit or room
unit number or street address.
(b)
The name or names of all
tenants and occupants to occupy such residential rental property or
unit.
(c)
Contact information for
the tenants and occupants of the residential rental property or unit.
(d)
The mailing address of
the residential rental unit.
(5)
Statement to be signed by
the property owner authorizing the Township of Muhlenberg to inspect
any residential rental unit within the residential rental property
with 24 hours' notice to the property owner or his designated agent,
if any, except in emergency situations where an inspection may occur
without notice. A copy of this statement shall be provided to the
tenant(s).
(6)
The information required in this Subsection A shall be provided to the Township of Muhlenberg at the time of application for licensing and as needed due to any change of the renting, leasing, subleasing or occupancy of any residential rental property in the Township of Muhlenberg for a period of time in excess of seven days. In the event of any change in the renting, leasing, subleasing, or occupancy of any residential rental property, the new, revised or additional information shall be provided to the Township of Muhlenberg within seven days of such change.
B.
The fee for the annual license
of each residential rental unit shall be set by resolution of the
Township Commissioners from time to time. It is the intent of the
Board of Commissioners that the annual license fee shall be lower
in the years following the initial license year so long as the residential
rental property at issue is continuously owned by the same owner and
has a history of compliance. Further, for owners of four or more units,
where payment of the license fee in a single installment would be
a hardship for the property owner, as determined by the Director of
the Engineering and Codes Department, such fee may be made in several
installments. Registration fees will not apply for any units that
are occupied by immediate family members of the owner, including,
with limitation, parents, parents-in-law, son, son-in-law, daughter
and daughter-in-law. Proof of the familial relationship may be required
at the discretion of the Codes Officer. Although registration fees
will be waived for the family residential arrangements set forth above,
inspection fees shall apply in all cases, as set forth on the then-current
Township fee schedule.
[Amended 4-19-2016 by Ord. No. 560]
C.
Inspection fee.
(1)
The fee for the inspection(s)
of each residential rental units shall be set by resolution of the
Township Commissioners from time to time. It is the intent of the
Board of Commissioners that, for owners of four or more units, where
payment of the inspection fee in a single installment would be a hardship
for the property owner, as determined by the Director of the Engineering
and Codes Department, such fee may be made in several installments.
Finally, the Board of Commissioners hereby instructs the Director
of Engineering and Codes to determine whether or not fairness dictates
a discount in inspection fees for owners of multiple residential rental
units located in the same residential rental property and to report
his recommendations back to the Board of Commissioners. Notwithstanding
the foregoing, the fees to be charged shall be as set by resolution
of the Board of Township Commissioners from time to time.
(2)
Except as otherwise stated
herein, the inspection(s) for the residential rental properties shall
be every three years; provided, however, if during the inspection(s)
it is deemed the residential rental unit is in violation of this section
or any other pertinent section of the Code, the residential rental
property shall be inspected annually for the next three-year cycle.
D.
Except as provided in Subsection E, application for the initial annual license accompanied by the fees required by Subsections B and C shall be made on or before December 1 of the calendar year with respect to the following calendar year. If approved, the annual license shall be valid for the applicable calendar year. An application for a renewal of the license must be made each year 30 days prior to the date of expiration of the current license.
E.
Every new owner of residential rental property within the Township of Muhlenberg shall be required to furnish to the Township of Muhlenberg the information required by Subsection A within 30 days of the date of purchase of the residential rental property and thereafter as required by Subsection D. If approved, the annual license shall be valid from the date of issue to the standard renewal date in Subsection D. The fees required by Subsections B and C shall not be collected from a new owner during the year in which he acquires ownership of the residential rental property if the prior owner has paid all license fees and all inspection fees and has complied with all requirements of this article.
F.
In cases where a residential rental
property has been acquired by a new owner and where such property
has undergone and successfully passed a use and occupancy inspection,
the residential rental units in such property shall not be subject
to an inspection hereunder for a period of three years after the acquisition
by the new owner.
G.
Registration fees and inspection
fees otherwise required by the chapter will not apply (but the registration
provisions and inspection provisions of this article shall apply)
in any of the following circumstances, provided that no rent is paid
for the occupancy of the units at issue, other than reimbursement
of direct expenses, such as taxes and utilities:
[Added 8-15-2016 by Ord.
No. 562]
(1)
Units that are occupied by
immediate family members of the owner, including, with limitation,
parents, parents-in-law, son, son-in-law, daughter and daughter-in-law.
(2)
Units that continue to be
occupied by the same person or persons who owned the unit immediately
prior to the current owner where the transfer of ownership was accomplished
for estate planning or similar purposes.
(3)
Units that are occupied by
persons who previously occupied the premises, as spouse or paramour
of the prior owner or other relative of the prior owner, where the
ownership changed as the result of death or disability of the prior
owner and where application of the registration and inspection fee
provisions of this article would be an unfair imposition on the owner
of the property under the circumstances and consistent with the intent
and purposes hereof.
All residential rental units shall be inspected by the Officer
for compliance with this article and other Township ordinances, including
but not limited to the Property Maintenance Code, as more fully set
forth herein.[1] Nothing in this section shall prohibit additional inspections
in response to a tenant complaint or a change in renting, leasing,
subleasing or occupancy of any part of the residential rental property
or if the residential rental property of which the residential rental
unit is a part is suspected of being in violation of any Township
ordinance or any state or federal law(s).
No person shall rent, lease or allow to be occupied any residential rental property
or residential rental unit as defined in this article within the Township
of Muhlenberg without having a valid and current certificate of inspection
for said real property.
A.
The Officer shall inspect every
residential rental unit within the Township of Muhlenberg at the intervals
specified in this article. An inspection may also be conducted if
the Township receives a complaint. The criteria for inspection shall
be whether the residential rental property is in compliance with the
Township of Muhlenberg ordinances and shall also include the following
checklist items, which may be amended at any time by a Township Commissioners'
resolution:
(1)
Exterior and interior property.
(a)
Gutters and downspouts.
(b)
Sidewalk condition.
(c)
Broken windows.
(d)
Interior and exterior guardrails
for stairs and porches over 30 inches above the ground; four-inch
maximum spacing; cannot cause a "ladder" effect; unsafe steps as per
Building Code.
(e)
Tall grass and weeds to
be maintained within 10 inches.
(f)
No accumulation of rubbish
or garbage.
(g)
House numbers to be displayed
in front of property (minimum size four inches by 1/2 inch).
(h)
Condition of roof.
(i)
Facade, siding, brick or
veneers, rotting wood and/or peeling paint.
(2)
Interior and exterior electrical.
(a)
Ground-fault circuit-interrupter
(GFCI) receptacles required in bathroom, kitchen with countertops,
unfinished basements, garages, outside receptacles and swimming pool
receptacles.
(b)
Exposed or dangerous electrical
wiring.
(c)
Missing covers on receptacles,
switches and junction boxes.
(d)
Labeling of all breakers
or fuses at panel.
(e)
Open slots at panel box
(sealed or capped).
(3)
Fire protection and safety.
(a)
Smoke detectors.
[2]
Hard-wired detectors
with interconnected battery backup shall be required for any new residential
rental license for a residential rental property containing more than
three units.
[3]
Required in the basement.
[4]
One shall be required
on every level.
[5]
Required in every bedroom
and/or room where a person sleeps, if it is not a bedroom.
(b)
Egress from all bedrooms
(windows must be operational and maintain an open position).
(c)
Thumb-latch deadbolts at
doors (double-keyed type not permitted).
(d)
Continuous railing at all
stairwells.
(e)
Two-and-one-half-pound
to five-pound ABC fire extinguishers required in all kitchens.
[Amended 4-19-2016 by Ord. No. 560]
(f)
Carbon monoxide detectors
shall be required in all residential rental properties that contain
attached garages, fuel-fired appliances, or basements for every level
of the building as well as adjacent to each sleeping area.
[Amended 4-19-2016 by Ord. No. 560]
(4)
Plumbing and heating.
(a)
Water heater relief valve
(maximum six inches from floor with minimum one-inch air gap from
floor, rigid pipe only).
(b)
Gas-operated appliances
shall be properly ventilated to the outside of the building.
(c)
No leaks in plumbing.
(d)
Properly functioning toilets,
tub/shower units and lavatories. This includes the floor surrounding
toilets and tub/shower units (cannot be rotted or compromised from
a leak).
(e)
Proper ventilation for
dryers (must vent directly outside).
(f)
Properly functioning sewer
system; sump pump installed properly.
(g)
Property owner shall supply
adequate heat supply: capable of maintaining 68° room temperature
in all habitable rooms, bathrooms and toilet rooms. Liquid space heaters
may not be utilized as the source of heat for a residential rental
property.
(h)
No cooking appliance (stove,
oven) shall be used to provide space heating.
B.
If a residential rental property
and all residential rental units within said residential rental property
are found to be in compliance with Township of Muhlenberg ordinances
and the checklist items set forth herein and the inspection fee has
been paid, the Officer shall issue a certificate of inspection for
the residential rental property. All new residential rental properties,
and the creation or expansion of the same, must comply with this article
as well as all existing and current local ordinances, state and federal
laws, as well as building codes and standards.
C.
Violations.
(1)
If a residential rental property,
or any residential rental unit within said residential rental property,
is found to be in violation of any Township ordinance or this article,
the Officer shall provide written notice of such violation to the
residential rental property owner or the local property manager designated
by the residential rental property owner and to the tenant(s) and
shall set a reinspection date before which such violations shall be
corrected. The reinspection date shall be as stated by the Officer
in the written notice but shall be no more than 30 calendar days after
the date of the inspection.
(2)
If the violation(s) cited
by the Officer is(are) corrected upon reinspection and the annual
license fees have been paid, the Officer shall issue a certificate
of inspection for the residential rental property.
(3)
If the violation(s) cited
by the Officer are in the process of being completed but the duration
of repairs exceeds the allotted 30 calendar days, the Officer may
extend one time for a period not to exceed an additional 30 days to
schedule a final inspection. The property owner or his assigned manager
shall pay the necessary fee for said additional inspection(s).
(4)
If the violation(s) cited by the Officer are not corrected upon reinspection, the Officer shall not issue the certificate of inspection, and the residential rental property license shall also be suspended as noted in § 280-8 of this article.
(5)
Violation(s) records will remain in effect for three consecutive years. In the event any violation occurs more than once within the assigned three-year period, such violations will be labeled as a reoccurring violation(s) and will result in a nontraffic citation being issued as more fully set forth in § 280-11.
(6)
Failure by the owner to be
present for any scheduled inspection or reinspection shall result
in a fee being assessed to the owner. The fee shall increase for each
such failure to show. The fee for the failure to show for each residential
rental property inspection or reinspection shall be set by resolution
of the Township Commissioners from time to time.
(7)
Property owners shall be responsible
to reimburse the Township for all fees incurred by the Township in
enforcing this article and correcting violations of the same, including
but not limited to reasonable attorneys' fees.
A.
The owner of a residential rental
property may request inspection of a residential rental unit within
the residential rental property at any time. Any such request shall
be made in writing and shall be accompanied by the inspection fee
as set by the Township Commissioners.
B.
The certificate of inspection
issued by the Officer shall be valid until the next inspection.
C.
A certificate of inspection shall
be transferable to new owners.
A.
If violations are found during
an inspection of a residential rental property or a residential rental
unit, the property owner or his/her designated representative shall
be notified of the violations, and the license of the residential
property unit shall be suspended after an opportunity for compliance.
B.
If the violations found during
the inspection are not corrected within the designated time frame,
the license shall be revoked immediately.
C.
Residential rental property licenses
shall be suspended when tenants or their guests violate an ordinance
regarding property maintenance or zoning or violate any section of
the Crimes Code of Pennsylvania more than two times in any six-month
period.
D.
If the violations found during
the inspection are not corrected within the designated time frame,
the tenant(s) shall be notified to vacate the unit within 45 calendar
days of the receipt of the notice. Occupancy of the residential rental
property or any residential rental unit within said residential rental
property shall not be allowed until the violations have been corrected
and the residential rental property passes an inspection by the Officer.
E.
The failure of any tenant to move after having been given the forty-five-day notice to vacate shall constitute a violation of this article, and the Township shall have all rights and remedies available to it pursuant to § 280-11 herein.
F.
Property owners shall be responsible
to reimburse the Township for all fees incurred by the Township in
enforcing this article, including but not limited to reasonable attorneys'
fees.
If the Officer denies the issuance of a certificate of inspection
for a residential rental property or suspends or revokes a residential
rental property license, the property owner or the property owner's
representative or an affected tenant shall have the right to appeal
the decision by filing a notice of appeal with the Township Manager
or his designee no later than 10 days after the decision is served.
An application for appeal shall be based on a claim that the true
intent of this article or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of this article do not
fully apply, or the requirements of this article are adequately satisfied
by other means. A notice of appeal form may be obtained from the Township
Engineering and Codes Department. A hearing will be scheduled within
45 days from the date the appeal is filed with the Township.
A.
Failure to provide access to
a residential rental property or any residential rental unit within
said residential rental property shall constitute a violation of this
article, provided that 24 hours' notice of an upcoming inspection
has been provided to either the residential rental property owner
or its designated property manager or tenant. The 24 hours' notice
is not needed if the Officer has evidence of a clear and present danger
in the residential rental property.
B.
For the purpose of enforcing
this article, the Officer or his designee must obtain an administrative
search warrant from any competent authority, in accordance with applicable
legal standards, for the purpose of compelling access and inspection
of a residential rental property or a residential rental unit within
such residential rental property.
A.
Unless the property owner or
the property owner's representative or the affected tenant has timely
filed a notice of appeal and the appeal is pending, failure to correct
the violations by the time of the reinspection will result in the
Officer issuing a nontraffic citation to the property owner or owners.
B.
If in the opinion of the Officer
there is evidence that a tenant or tenants are responsible for part
or all of the violations which resulted in the suspension of the residential
rental property license, the Officer shall have the ability to cite
either the property owner or the tenant(s), or both. All parties cited
shall be required to appear before the local Magisterial District
Judge.
C.
Any person who violates any provision
of this article shall, upon conviction thereof, be guilty of a summary
offense and subject to a sentence of a fine of not less than $100
but not more than $1,000, as well as all reasonable attorneys' fees
incurred by the Township in enforcing the article and issuing the
nontraffic citation, and, in default of payment, to imprisonment for
a term not to exceed 30 days.
D.
A separate offense shall be deemed
to have been committed for each and every day during or on which a
violation occurs.
E.
In addition, if the Officer has
issued a notice to vacate the unit and if any tenant still remains
after the 45 days from the date of the notice to vacate, the Township
has the right to seek the following from the local Magisterial District
Judge or from a Court of Common Pleas Judge: 1) a break and enter
order; 2) an order giving the Township the authority to forcibly remove
any remaining tenant from the residential rental property; and 3)
an order giving the Township the authority to padlock the residential
rental unit or residential rental property until the violations have
been corrected and the residential rental property and/or residential
rental unit passes an inspection by the Officer. After the residential
rental property or residential rental unit has been padlocked, only
the owner, the owner's designee, and the Officer shall have access
to the residential rental property or residential rental unit. The
Township is prohibited from seeking such a judicial order if and only
if the residential rental property owner or said owner's representative
or the affected tenant has timely filed a notice of appeal and the
appeal is pending.
This article shall not apply to hospitals or nursing or retirement
homes located within the Township of Muhlenberg.
Any ordinance or part of an ordinance conflicting with this
article is hereby repealed insofar as the same affects this article.
In the event that any provision, section, clause or part of
this article shall be held to be invalid, such invalidity shall not
affect or impair any remaining provisions, sections, sentences, clauses
or parts of this article, it being the intent of the Township of Muhlenberg
that such remainder shall be and remain in force and effect.
