[Amended 5/11/2017]
This Part shall be known as the Township of Montour "Landlord
Registration Ordinance."
[Amended 5/11/2017]
1.
It is the purpose of this Part and the policy of the Township of
Montour, in order to protect and promote the public health, safety
and welfare of its citizens, to establish rights and obligations of
owner and occupants relating to the rental of all residential rental
units in the Township of Montour and to encourage owners and occupants
to maintain and improve the quality of rental housing within the community.
It is also the policy of the Township of Montour that owners, manager
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 Part provides for a system of inspections, issuance
and renewal of occupancy licenses and sets penalties for violations.
This Part shall be liberally construed and applied to promote its
purpose and policies. In considering the adoption of this Part, the
Township of Montour makes the following findings.
2.
In recent years rental units have oftentimes been rented to individuals
who, because they have no ownership interest in the property, have
allowed the properties to deteriorate. In many cases, the owners of
the properties live long distances from the Township of Montour. As
a result, property maintenance of many rental units in the Township
of Montour has been somewhat lax. In addition, problems have occurred
because many tenants, because they have no ownership interest in the
real estate, have not been concerned about following Codes of the
Township of Montour, including Codes which govern maintenance and
safety of the property. This, in turn, has caused problems for other
home owners near the rental units. In addition, there is a greater
incidence of violation of various Codes of the Township of Montour
in residential rental properties where owners rent properties to tenants.
As used in this Part, the following terms shall have the meanings
indicated:
Any code or ordinance adopted, enacted and/or in effect in and for the Township of Montour concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following, which are in effect as of the date of the enactment of this Part: the Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, Chapter 8, Floodplains, and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Township of Montour and any
assistants or agents.
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.
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 he 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.
A written report of disruptive conduct on a form to be prescribed
therefor, to be completed by the police, who actually investigates
an alleged incident of disruptive conduct and which shall be maintained
by the Code Enforcement Officer.
A person on the premises with the actual or implied consent
of an occupant.
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").
The Board that will hear and adjudicate appeals from actions
taken pursuant to this Part.
The Landlord and Tenant Act of 1951, as amended, 68 P.S.
250.101, et seq.
An adult individual designated by the owner of a residential
rental unit.
The license issued to the owner of residential rental units
under this Part, which is required for the lawful rental and occupancy
of residential rental units.
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.
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.
A rental unit in which the owner resides on a regular, permanent
basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
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.
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 11-104(5), embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.
Any structure within the Township of Montour 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 the 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.
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.
An individual who resides in a 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 (same as "occupant").
The Township of Montour, Columbia County, Pennsylvania.
[Amended 5/11/2017]
1.
General. It shall be the duty of every owner to keep and maintain
all rental units in compliance with all applicable state laws and
regulations and local ordinances and to keep such property in good
and safe condition. The owner/landlord shall be responsible for regularly
performing all maintenance, including lawn mowing and ice and snow
removal, and for making any and all repairs in and around the premises.
As provided for in this Part, every owner/landlord shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this Part, every
owner shall also be responsible for regulating the conduct and activities
of the occupants of every rental unit which he, she or it owns in
the Township, which conduct or activity takes place at such rental
unit or its premises. In order to achieve those ends, every owner
of a rental unit shall regulate the conduct and activity of the occupants
thereof, both contractually and through enforcement, as more fully
set forth below. 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 it be construed as
an assignment, transfer or projection over or onto any owner of any
responsibility or liability which occupants or their guest may have
as a result of their conduct or activity under any private cause of
action, civil or criminal enforcement proceeding, or criminal law;
nor shall this section 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 herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law. This Part is not intended to, nor shall its effect be, to limit
any other enforcement remedies which may be available to the Township
against an owner, occupant or guest thereof.
2.
Designation of Manager. Every owner 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, shall designate a manager who shall reside in an
area that is within 15 miles from 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 partner shall perform the same function
as a manager. The manager shall be the agent of the owner for service
of process and receiving of notices and demands, as well as for performing
the obligations of the owner under this Part and under rental agreements
with occupants. The identity, address and telephone number(s) of a
person who is designated as 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.
3.
4.
Maintenance of Premises.
A.
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 and ice and snow removal and shall promptly
make any and all repairs necessary to fulfill this obligation.
B.
The owner and occupant may agree that the occupant is to perform
specified repairs, maintenance tasks, alterations or remodeling. In
such case, however, such agreement between the owner and occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
C.
In no case shall the existence of any agreement between owner and
occupant relieve an owner of any responsibility under this Part or
other ordinances or codes for maintenance of the premises.
D.
The owner shall provide a container for the disposal of rubbish,
garbage and other waste for each residential rental unit.
5.
Rental Agreement.
A.
All disclosures and information required to be given to occupants
by the owner shall be furnished at or before the commencement of the
landlord tenant relationship. The owner shall provide occupant with
copies of any rental agreement and addendum upon execution.
B.
Terms and Conditions. Owner and occupant may include in a rental
agreement terms and conditions not prohibited by this Part or other
applicable ordinances, regulations and laws, including rent, term
of the agreement and other provisions governing the right and obligations
of the parties.
C.
Prohibited Provisions. Except as otherwise provided by this Part,
no rental agreement may provide that the occupant or owner agrees
to waive or to forego rights or remedies under this Part. A provision
prohibited by this subsection included in a rental agreement is unenforceable.
D.
Provision of Summary of Ordinance to Occupant. Following the effective
date of this Part, 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 Part, the owner shall provide the occupants with a copy
of the summary within 60 days after enactment of this Part.
E.
The owner shall secure a written acknowledgment from occupants that
the occupants have received the disclosures and information required
by this Part.
F.
Upon request by the Township, the owner within 10 days of the request
shall furnish to the Township copies of any lease(s) required by the
Landlord Tenant Act, 68 P.S. § 250.101 et seq., that the
owner has entered into for residential rental units including acknowledgment
that the occupants have received the disclosures and information required
by this Part.
6.
Registration. Every owner of a residential rental unit must register
the unit with the Code Enforcement Officer in accordance with the
following schedule:
A.
All owners of residential rental units must register the units with
the Code Enforcement Officer within 30 days after the effective date
of this Part.
B.
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.
C.
It shall be the responsibility of the grantee in the purchase of
the said real estate, including the grantee's attorney or title
company, to notify the Township within 72 hours of any purchase or
transfer of a rental unit.
D.
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.
E.
All owners of any residential rental unit living outside of the 15 mile limit set forth in § 11-104(2) must have a local manager who shall reside within 15 miles of the Township and who shall be available as an emergency contact person.
F.
Registration information shall be provided by all owners and shall
include the following:
(1)
Owner name, address, telephone number.
(2)
Local manager name, address, telephone number (an emergency
contact person).
(3)
Property address and number of units.
(4)
Maximum occupancy per unit.
(5)
Emergency telephone number.
(6)
Actual number of occupants.
(7)
Names and addresses of current tenants.
G.
Any owner of a residential rental unit shall notify the Township
at the Township Building within 10 days of a new tenant occupying,
renting or residing in the landlord's or owner's residential
rental unit.
H.
Notwithstanding any other provisions of this Part, the names and
addresses of a tenant 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.
7.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
8.
Landlord Tenant Act. The owner shall comply with all provisions of
the Landlord Tenant Act, 68 P.S. § 250.101 et seq.
9.
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.
10.
Township Can Make Repairs. In case the owner of premises shall neglect,
fail or refuse to comply with any notice from the Township or 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. There shall be imposed upon the
owner a charge of the actual costs involved, plus 10% of said costs
for each time the Township shall cause a violation to be corrected
and the owner of the premises shall be billed after same has been
completed. Any such bill which remains unpaid and outstanding after
the time specified there in 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 Part or the applicable codes, ordinances or statutes,
including, where appropriate, condemnation proceedings or declaration
of premises as unfit for habitation; or suspension, revocation or
nonrenewal of the license issued hereunder.
11.
Inspections. The owner shall permit inspections of any premises by
the Code Enforcement Officer at reasonable times upon reasonable notice.
The inspections shall be completed as follows:
A.
The Code Enforcement Officer of the Township shall inspect all units
on a bi-yearly basis 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 if available. Inspections may be made by the Code
Officer anytime within the said year. In alternate years the inspection
shall be completed by the landlord or a representative of the landlord
and the inspection form submitted to the code office.
12.
Smoke Alarms. All owners of residential rental units in the Township
shall be required within five days of the passage of this Part to
install smoke alarms, regardless of the occupant load at the following
locations:
13.
Noncompliance.
A.
Any parcel of real estate containing a residential rental unit which
has been found to be in noncompliance with this Part shall be subject
to re-inspection by the Code Enforcement Officer as follows:
(1)
Each residential rental unit referred to above shall be inspected
annually. A particular residential unit which contains a violation
of this Part shall be re-inspected as set forth above.
(2)
In addition, each residential rental unit shall be inspected
each time one of the residential rental units is vacant.
B.
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 Part and any other applicable codes of the Township as determined
by the Code Enforcement Officer.
C.
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 Codes of the Township, the Code Enforcement
Officer shall provide a Notice of Violation which shall at a minimum
set forth the following:
D.
Notice of Violations and Enforcement.
(1)
Within 10 days after receipt of a written notice from the Township
Enforcement Officer that there has been a violation of this section
or any other applicable ordinances of the Township, the owner shall
take immediate steps to remedy the violation and take steps to ensure
that there will not be a reoccurrence of the violation.
(2)
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.
(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, on his or her
initiative shall enforce the plan, and failure to do so shall be a
violation of this Part of the Township.
(4)
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 and to not permit the
occupant to occupy the premises during any subsequent period. The
owner or tenant may request a review by the Landlord Ordinance Review
Board.
E.
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 for a period of two years, said property shall
then be deemed to be back in compliance with the terms and conditions
of this Part and shall not then be subject to the inspections set
forth in this section until there are other violations.
F.
If a parcel of real estate in noncompliance with the terms and conditions
of this Part or other ordinances of the Township is sold, then the
parcel of real estate shall remain in noncompliance until the sooner
of the following has occurred:
G.
All owners of any real estate containing or upon which are erected
any residential rental unit which are in noncompliance with this Part
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 Part. Further, any property owner selling a
parcel of 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 Part shall notify the Code Enforcement Officer,
in writing, within 30 days prior to closing on the sale of said parcel
of real estate.
H.
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 or his designee shall be able to complete
all inspections necessary to determine compliance with this Part and
any other applicable ordinances of the Township. Refusal to allow
entry of the residential rental unit by the Code Enforcement Officer
of the Township or designee to inspect the said unit shall be a violation
of this Part.
I.
For the purpose of enforcing this Part, the Code Enforcement Officer
or designee 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 Part.
J.
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.
K.
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 a reinspection each time a reinspection is required
under the terms of this Part or each time a reinspection is requested
by the Code Enforcement Officer to determine compliance with this
Part or any other applicable ordinances of the Township. The fee set
forth herein may be increased or decreased by a resolution of the
Township Board of Supervisors.
14.
Tenant Registration.
A.
All tenants who are renting a residential rental unit or residential
rental units in the Township shall within 60 days of the passage of
this Part go to the Code Enforcement Officer or designee at the Office
located at 195 Rupert Road, Bloomsburg. Pennsylvania, and provide
to the Code Enforcement Officer or designee 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:
B.
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.
C.
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 property and the type of identifying information presented
(e.g., passport, 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.
D.
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.
E.
Each time a tenant enters into a new lease, he or she shall register
with the Township within 10 days of entering into the landlord tenant
relationship and/or occupying the premises and provide the information
referenced above.
15.
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 Part 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 rental unit.
[Amended 5/11/2017]
1.
General. The occupant shall comply with all obligations imposed upon
occupants by this Part, all applicable codes and ordinances of the
Township of Montour and all applicable provisions of state law.
2.
Health and Safety Regulations.
A.
The maximum number of persons permitted in any rental unit at any
time shall not exceed one person for each 40 square feet of habitable
floor space in said rental unit.
B.
The 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 in compliance with all other applicable
ordinances, laws and regulations.
3.
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 adjacent or nearby dwellings by the persons
occupying same.
4.
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.
5.
Illegal Activities. The occupant shall not engage in, nor tolerate, nor permit others on the premises to engage in, any conduct declared illegal under the 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.).
6.
Disruptive Conduct.
A.
The occupant shall not engage in, nor tolerate, nor permit others
on the premises to engage in, disruptive conduct or other violations
of this Part.
B.
When police 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 prescribed form. Where the police make such
investigation, said police 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
receiving the report from the Police.
7.
Compliance with Rental Agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
owner and occupant. Failure to comply may result in the eviction of
the occupant by the owner.
8.
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 Part.
9.
Inspection of Premises. The occupant shall permit inspections by
the Code Enforcement Officer of the premises at reasonable times,
upon reasonable notice. The tenant should be present or have given
written permission when the inspection is performed.
10.
Removal or Defacement of Notice. It shall be a violation of this
Part for any person to remove or deface any notice or document required
to be posted within a rental unit and it shall be unlawful for any
person to occupy the rental u nit unless all notices and documents
are posted as required.
11.
Violation. It shall be a violation of this Part for any occupant
or any other person to engage in disruptive conduct as defined by
this Part.
[Amended 5/11/2017]
1.
License Requirement.
A.
As a prerequisite to entering into a rental agreement or permitting
the occupancy of any rental unit [except as provided in Subsection
(1)(C) below], the owner of every such rental unit shall be required
to apply for and obtain a license for each rental unit.
B.
A license shall be required for all residential rental units.
C.
The following categories of rental properties shall not require licenses,
and shall not, therefore, be subject to the permitting provision of
this Part:
D.
The application for the license shall be in a form as determined
by the Township.
E.
The owner shall maintain a current and accurate list of the occupants
in each rental unit which shall include their name, and current telephone
number 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
and shall provide the name of the person who is no longer residing
in the premises in the event a person departs and the name, current
address and current telephone number of new occupants in the event
a new person is added.
F.
The owner shall furnish with his or her application for a license
a floor plan, drawn to scale, with the 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
Part. 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.
G.
In the event that a license is denied or repealed by the Code Officer,
the owner shall have the right to appeal to the Landlord Ordinance
Appeals Board within 30 days of mailing of the notice of denial of
the application. The hearing before the Landlord Ordinance Appeals
Board shall be governed by the Local Agency Law, 2 Pa.C.S.A. § 551
et seq.
2.
Annual License Term, Fee and Occupancy Limit.
A.
Each license shall have an annual term running from January 1 of
a particular year through December 31 of that same year.
B.
Upon application for a license prior to 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 Board of Supervisors of the Township. The initial
fee for a license shall be $30, for each residential rental unit/apartment.
The said fee shall be paid by January 10 of each year.
C.
The license shall indicate thereon the maximum number of occupants
in each rental unit.
D.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this Part or any of the ordinances
of the Township relating to land use and/or code enforcement or if
any licensing fees under this Part are due and owing the Township.
3.
Search Warrant. Upon a showing of probable cause that a violation
of this Part or any other ordinance of the Township has occurred,
the Code Enforcement Officer may apply to the Magisterial District Judge having
jurisdiction in the Township for the search warrant to enter and inspect
the premises.
[Amended 5/11/2017]
1.
General. 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 Part that imposes a duty upon the owner and/or
for failing to regulate the breach by occupants as provided for herein.
A.
Definition of Options.
(1)
Formal Warning. Formal written notification of at least one
violation of this Part. Upon satisfactory compliance with this Part
and any conditions imposed by the Code Enforcement Officer and/or
the Township Board of Supervisors, the formal warning shall be removed
when the owner applies for license renewal at a time set by the Code
Enforcement Officer or by the Township Board of Supervisors.
(2)
Nonrenewal The denial of the privilege to apply for license
renewal after 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 Township
Board of Supervisors.
(3)
Suspension. The immediate loss of the privilege to rent residential
rental units for a period of time set by the Code Enforcement Officer
or Township Board of 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 Board of 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.
(5)
Appeals. The owner may request a hearing on the suspension,
nonrenewal or revocation with the Township Landlord Ordinance Appeals
Board. This hearing must be held within 30 days of the request.
2.
Criteria for Applying Discipline. The Code Enforcement Officer, when
recommending discipline, and the Township Board of Supervisors, when
applying discipline, shall consider the following:
A.
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.
B.
The effect of the violation on the neighborhood.
C.
Whether the owner has prior violations of this Part and other ordinances
of the Township or has received notices of violations as provided
for in this Part.
D.
Whether the owner has been subject to disciplinary proceedings under
this Part.
E.
The effect of disciplinary action on the occupants.
F.
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
G.
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
Part.
H.
In addition to applying discipline as set forth above, the Code Enforcement
Officer may recommend and Township Board of Supervisors may impose
upon the existing or subsequent licenses reasonable conditions related
to fulfilling the purposes of this Part.
3.
Grounds for Imposing Discipline. Any of the following may subject
an owner to discipline as provided for in this Part:
A.
Failure to abate a violation of Township codes and ordinances that
apply to the premises within the time directed by the Code Enforcement
Officer.
B.
Refusal of owner to permit the inspection of the premises by the
Code Enforcement Officer as required by this Part.
C.
Failure to take steps to remedy and prevent violations of this Part
by occupants of residential rental units as required by this Part.
D.
Failure to file and implement an approved plan to remedy and prevent
violations of this Part by occupants of the rental unit as required
by this Part.
E.
Failure to evict occupants after having been directed to do so by
the Code Enforcement Officer of the Township as provided for in this
Part.
F.
Three violations of this Part or other ordinances of the Township
that apply to the premises within a license term. For purposes of
this Part, there need be no criminal conviction before a violation
can be found to exist. Before a prior violation can be considered
under this section, the owner must have received notice, in writing,
of this violation within 30 days after the Code Enforcement Officer
received notice of the violation.
4.
Procedure for Nonrenewal, Suspension or Revocation of License.
A.
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, be sent certified mail and shall contain the following
information:
(1)
The address of the premises in question and identification of
the particular residential rental unit(s) affected.
(2)
A description of the violation which has been found to exist.
(3)
A statement that the license for said residential rental unit(s)
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.
(4)
A statement that, due to the non-renewal, 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 unit(s) from and during the period said action is
in effect.
B.
Delivery of Notification.
(1)
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.
(2)
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 U.S. 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 U.S. Mail, and all time periods set forth above
shall thereupon be calculated from said fifth day.
5.
Nonexclusive Remedies. The penalty provisions of this section and
the license nonrenewal, suspension and revocation procedures provided
in this Part 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 Part. The
remedies and procedures provided in this Part for violation 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 such
other code or ordinance is referenced in this Part and 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 Part.
[Amended 5/11/2017]
1.
Any person contesting a notice issued pursuant to this Part may appeal
the same within 30 days from the date printed thereon to the Landlord
Ordinance Appeals Board. The appeal must be submitted, in writing,
on a form prescribed by the Township and must include 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, as well a statement of the relief requested
by the appellant. The appeal must be submitted to the Township Secretary
together with the fee therefor.
2.
There is hereby imposed a fee for filing such appeals, the amount
of which shall be determined and established from time to time, by
resolution of the Township Board of Supervisors.
3.
The Landlord Ordinance Appeals Board shall consist of three regular
members and two alternate members, who may substitute in the event
of the absence of one or more regular members; provided, however,
that no alternate may substitute for the chairperson of the Landlord
Ordinance Appeals Board.
4.
All members of the Landlord Ordinance Appeals Board shall be appointed
by the Township Board of Supervisors. The regular members of the Board
shall consist of one member of the Township Board of Supervisors,
one landlord and one citizen resident of the Township. The alternates
may consist of one citizen resident of the Township and one landlord.
All members of the Landlord Ordinance Appeals Board shall serve a
two year term and be subject to reappointment at the pleasure of the
Board of Supervisors.
5.
The Landlord Ordinance Appeals Board shall have the following powers
and duties:
A.
To adopt and administer the rules of procedure regarding its organization,
officers, times, and places of meetings, conduct of meetings and other
legal procedures relating to the hearing and determination of appeals
and other matters within 30 days following the appeal hearing. The
decision shall be filed in the Township Office and sent to the owner
or agent by certified mail.
B.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the Code
Enforcement Officer in the enforcement of the provisions of this Part.
C.
To grant a reasonable extension of time for compliance where there
is a demonstrated case of hardship and evidence of bona fide intent
to comply within a reasonable time period.
D.
In exercising the above-mentioned powers, the Landlord Ordinance
Appeals Board shall act with reasonable promptness in scheduling appeal
hearings and seek to prevent unwarranted delays prejudicial to the
party involved and to the public interest.
E.
The Landlord Ordinance Appeals Board may reverse or affirm in whole
or part, or may modify the order, requirement, decision, or determination
as justice would require. In its determination, the Landlord Ordinance
Appeals Board shall be bound by this Part and shall not ignore the
clear provisions and intent of this Part.
F.
Any person, including the Township, aggrieved by any decision of
the Landlord Ordinance Appeals Board, may appeal to the Court of Common
Pleas of Columbia County. Such appeal shall be made by filing a legal
petition which shall set forth the factual and legal basis upon which
the decision of the Landlord Ordinance Appeals Board is alleged to
be illegal, in whole or in part. Such petition shall be presented
to the Court of Common Pleas and a notice thereof must be given to
the Township pursuant to the applicable rule of procedure.
G.
The Landlord Ordinance Appeals Board shall give the appellant, the
Code Enforcement Officer and the owners of properties within a radius
of 300 feet from the premises for which the license is at issue written
notice of the hearing on the appeal.
H.
The Landlord Ordinance Appeals Board shall conduct hearings on the
appeals in accordance with the Local Agency Law, 2 Pa.C.S.A. § 551
et seq.
[Amended 5/11/2017]
1.
Notices. For purposes of this Part, any notice required hereunder
to be given to a manager shall be deemed as notice given to the owner.
A.
There shall be a rebuttable presumption that any notice required
to be given to the owner under this Part shall have been received
by such owner if the notice was given to the owner in the manner provided
by this Part.
B.
A claimed 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 Part.
2.
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 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 purposes of this Part.
3.
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 Part and shall be severally
subject to prosecution for the violation of this Part.
4.
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
Part by the Code Enforcement Officer and the Township Secretary.
[Amended 5/11/2017]
1.
This Part shall be enforced by the Code Enforcement Officer of the
Township.
2.
Basis for Violation. It shall be unlawful 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 of Montour authorizing such operation. It shall also
be unlawful for any person, either owner or manager, to allow the
number of occupants of a residential rental unit to exceed the maximum
limit as set forth on the license, or to violate any other provision
of this section. It shall be unlawful for any occupant to violate
this section.
3.
Penalties.
A.
Any landlord or owner of a residential unit which violates any of the provisions of § 11-104(6) together with all of the subsections thereunder shall upon conviction thereof be sentenced to pay a fine of $500 for each and every offense. Each day of the said violation shall be a separate offense.
B.
Any landlord or owner of a residential rental unit which violates any of the provisions of § 11-104(12), (13), (14) and 4(15) shall incur the following penalties:
(1)
For the First Offense. Any owner or landlord violating any of
the above listed sections shall upon conviction thereof in a summary
proceeding be sentenced to pay a fine of $100 for each and every offense.
Each day of the said violation shall be a separate offense.
(2)
For the Second Offense. Any owner or landlord violating any
of the above listed sections shall upon conviction thereof in a summary
proceeding be sentenced to pay a fine of $300 for each and every offense.
Each day of the said violation shall be a separate offense.
(3)
For the Third Offense. Any owner or landlord violating any of
the above listed sections shall upon conviction thereof in a summary
proceeding be sentenced to pay a fine of $500 for each and every offense
or shall be imprisoned for a period not to exceed 90 days or both.
Each day of the said violation shall be a separate offense.
C.
Any landlord or owner of a residential rental unit who violates § 11-106 of this Part shall upon conviction be sentenced to pay a fine of not less than $1,000.
D.
Any occupant of a residential rental unit who violates any of the provisions of § 11-105 shall incur the following penalties:
(1)
For the first offense, he/she shall pay the sum of $100 for
each and every offense.
(2)
For the second offense, he/she shall pay the sum of $300 for
each and every offense.
(3)
For the third offense, he/she shall pay the sum of $500 for
each and every offense. Each day of said violation shall be a separate
offense.
4.
Fines as imposed through this Part shall be collected as allowable
by law.
5.
Each day during which any owner of a residential rental unit violates
any provision of this Part shall constitute a separate offense.
6.
This Part and the foregoing penalties shall not be construed to limit
or deny the right of the Township of Montour or its agents or representatives
to such equitable or other remedies as may otherwise be available
with or without process of law.
7.
In addition to the fines set forth herein, the Township shall be
entitled to reasonable attorneys' fees incurred in enforcing this
Part. The said fees shall be added to any penalties set forth above.
8.
If any section or provision of this Part is adjudged by a court of
competent jurisdiction to be unlawful, void, or unenforceable, all
the remaining sections and provisions of this Part shall remain in
full force and effect.
[Amended 5/11/2017]
All ordinances and parts of ordinances inconsistent herewith
are hereby repelled.
[Amended 5/11/2017]
The provisions of this Part shall be severable. If any provision
hereof shall be held to be unconstitutional, invalid or illegal by
any court of competent jurisdiction, such decision shall not affect
the validity of any of the remaining provisions of this Part. It is
hereby declared as legislative intent that this Part would have been
enacted had such unconstitutional, invalid or illegal provision not
been included herein.
[Amended 5/11/2017]
This Part shall take effect and be enforced upon its adoption
as provided by law.
