[1]
Editor's Note: Former Division 3 was repealed 12-16-2009
by Ord. No. 2009-10, § 1, and 3-3-2010 by Ord. No. 2010-1.
[Ord. No. 2009-10, § 1, 12-16-2009]
Any person, corporation, copartnership, association or fiduciary
who or which, for monetary consideration, aids in the rental of property
as defined herein. When used in this article in a clause prescribing
any activity or imposing a penalty, the term, as applied to partnerships
and associations shall mean each partner and, as applied to corporations,
the officers thereof.
Any state or local code or ordinance adopted, enacted or
in effect in and for the Township of West Pottsgrove including, but
not limited to the Uniform Construction Code and codes incorporated
therein, the International Property Maintenance code, the National
Electrical Code, the International Fire Code and the West Pottsgrove
Township Zoning Ordinance and/or other future national or international
codes and/or zoning ordinance amendments that may be subsequently
adopted.
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days. In the event occupancy is offered for more than 30 days, such
units shall be considered a boarding house and subject to registration
and licensing, as set forth herein.
That person or persons who have the use of real estate of
an owner and is responsible for the giving of any type of consideration
therefore, but excluding those who are occupant/tenants for a period
of less than 30 days.
Any person, agent, operator, firm, corporation, partnership,
association, property management group, housing authority or fiduciary
having legal, equitable or other interest in any real property; or
recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person
and the executor or administrator of such person's estate. When
used in this section in a clause prescribing the activity or imposing
a penalty, the term and associations shall mean each partner and,
as applied to corporations, the officers thereof.
A belief in which the Code Enforcement Officer is not reckless
or negligent in holding.
The document issued by the code enforcement department of
West Pottsgrove Township to the owner of a parcel of land containing
at least one residential rental property evidencing the existence
of said residential rental unit(s). A license and fee is required
for each specific residential rental unit. A rental license shall
be required for lawful rental occupancy of all residential rental
units under this section, unless the residential rental unit is exempt
from the registration provisions to this section. The registration
does not warrant the proper zoning, habitability, safety or conditions
of the residential unit in any way.
A fee, as determined by Township resolution, to cover the
administrative costs of registering a residential rental property
prior to the issuance of a Rental License.
Any parcel of real estate identified by a tax parcel number
containing at least one residential rental unit.
A rooming unit or dwelling let for rent or other-than-owner-occupied
residential unit, which qualifies as a dwelling unit under all applicable
Township ordinances. A residential rental unit shall not include a
hotel or hospital unit. A residential rental unit includes dwelling
units under lease-purchase agreements or long-term (greater than six
months) agreements of sale.
The registration number assigned by the code enforcement
officer to a residential rental unit.
West Pottsgrove Township and the Board of Commissioners of
West Pottsgrove Township.
[Ord. No. 2009-10, § 1, 12-16-2009]
A.
Owner's Duties.
1.
All owners, within 30 days after the effective date of this article
or, in cases of real estate thereafter acquired or thereafter rented
or becoming available for rental thereof, as the case may be, shall
register with the Township, in writing, during regular business hours,
the number of parcels or units of real estate presently or hereafter
rented or available for rental, a description (by address, unit or
apartment number and/or some other meaningful method) of said parcels
or units, and the names of its tenant at the time of such report,
together with a designation as to which unit or parcel is occupied
by each.
2.
Any change in occupancy of real estate of the rental property or
in the identity of the tenants from that shown on the initial report
of owner, as required in Section 7-02A.1, shall be reported by the
owner to the Township within 10 days of such change. It is intended
hereby that the owner shall report a new tenant or a tenant who rents
or leases a different unit or parcel of real estate and when a unit
or parcel of the real estate becomes vacant.
3.
It shall be the duty of every owner, operator, responsible agent
or Manager to keep and maintain all residential rental units in compliance
with all applicable codes and provisions of all applicable state laws
and regulations and local ordinances, and to keep such property in
good and safe condition and to be aware of, and to take appropriate
action to eliminate disruptive conduct in such residential rental
units, including but not limited to initiation of eviction proceedings.
4.
It shall be unlawful for any owner and/or agent to conduct or operate
or cause to rent any residential rental unit within the Township without
having a rental license for each residential unit.
5.
Every owner and/or agent shall display the rental license in each
residential rental unit. The rental license shall include the following
information:
a)
The name, mailing address and telephone number of the owner or agent;
b)
The events and hours on which garbage and recycling are to be placed
curbside for collection;
c)
The telephone number to call to register complaints regarding the
physical condition of the residential rental unit;
d)
The telephone number for emergency police, fire and medical services;
and
e)
The date of expiration of rental license.
6.
It shall be the responsibility of every owner and/or agent to employ
policies to manage the residential rental units under his/her control
in compliance with the provisions of this chapter, Township codes
and applicable State laws.
B.
Occupant/Tenant Duties.
1.
The occupant(s) shall comply with all regulations imposed by this
section and all applicable codes and ordinances of West Pottsgrove
Township, as well as all state laws and regulation.
2.
The occupant(s) shall conduct themselves and require other persons
including, but not limited to guests on the premises and within their
residential rental unit with their 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 people occupying the same.
3.
The occupant(s) shall not engage in, nor tolerate, nor permit others
on the premises to cause damage to the residential rental unit or
engage in disruptive conduct or other violations of this section,
Township codes or applicable state laws.
[Ord. No. 2009-10, § 1, 12-16-2009]
A.
The registration provisions of this part shall not apply to hotel
units, as previously defined, hospitals, nursing homes, group homes
or other rental units used for human habitation which offer or provide
licensed medical nursing services, and wherein all operations of such
facilities are subject to county, state or federal licensing or regulations
concerning the health and safety of the users, patients or tenants.
However, if, in response to a complaint, an exempt unit is found to
be in violation of the Township codes, the owner and/or agent shall
correct the violations within the time-frame cited by the code enforcement
officer. If the violation(s) is/are not corrected, the unit shall
lose its exemption until the violation(s) is/are corrected.
B.
If three verified complaints are received in any 12 month period,
the unit shall lose its exemption for a period of five years.
[Ord. No. 2009-10, § 1, 12-16-2009]
A.
The owner of each residential rental property shall register and
license the rental property with the office of code enforcement of
Township on or before January 31, 2010.
B.
No owner or agent shall own or operate a residential rental unit
unless and until a current rental license for each specific unit and
use thereof, has been issued to the owner or agent by the code enforcement
officer pursuant to this article. Following the initial registration
required under Section 7-19.A., and during the initial inspection
phase-in period, an owner or agent may operate a residential rental
unit prior to the issuance of a rental license by the code enforcement
officer.
C.
The rental license required shall be valid for the calendar year
for which it is issued or, if issued during the calendar year, for
the remainder of such calendar year. The license shall be renewable
for successive calendar years when the registered premises complies
with the codes and all applicable regulations. The license shall be
transferable and may be revoked at any time for noncompliance with
the codes or any other applicable regulations.
D.
Every owner or agent owning or operating any building requiring a
license shall, on or before January 31 of each year, register each
building and all such residential rental units with the Township on
forms provided by the code enforcement officer in the Township.
E.
Any owner or agent who transfers legal title to any building and/or residential rental unit, requiring a registration under Section 7-19 shall give notice of such transfer, in writing, to Township within five business days of having transferred ownership of such building and/or residential rental unit, and register with the Township as set forth in Section 7-17.A.1 and pay the applicable registration fee.
F.
Every owner and/or agent of a licensed rental unit shall advise each
occupant thereof, in writing, of the maximum number of occupants permitted
in the leased premises.
G.
Each applicant for a rental license required by Section 7-19 shall, at the time of the application, pay an initial registration fee and license fee as may be determined by resolution of the Township (whether or not the residential rental unit is occupied at the time) and annually thereafter a renewal license fee as may be determined by further resolution (whether or not the residential rental unit is occupied at tie time). The renewal license fee shall be due and payable on or before the 31st day of January of each year.
H.
No owner or agent may offer for rent or assist in offering for rent,
by advertising or otherwise, any residential rental unit without first
ascertaining that a valid license exists for such residential rental
unit.
I.
Failure to register the residential rental unit with Township within
90 days of the effective date of this article or within 30 days following
the purchase or conversion of a structure to a rental property shall
constitute a violation of this article.
[Ord. No. 2009-10, § 1, 12-16-2009]
No residential rental unit shall be occupied by other than the
owner until the rental license has been obtained and a certificate
of compliance, as required by the provisions of this article, is displayed
at the structure in which the residential rental unit is located.
[Ord. No. 2009-10, § 1, 12-16-2009]
A.
The code enforcement officer shall fully inspect each residential
rental unit upon any change of occupancy, upon a property transfer,
upon a complaint that a violation has occurred or where the code enforcement
officer reasonably believes that a violation is occurring. All other
residential rental units that have not been inspected for the reasons
set forth herein, shall be inspected at least one time in every two-year
period, and for such purpose and for an re-inspection required hereunder,
the owner shall provide access to the Township.
B.
Prior to the initial occupancy of new construction or newly created
or substantially rehabilitated residential rental units, the owner
and/or agent of each residential rental unit shall register with and
make written applications to the code enforcement office for a rental
license as herein provided. Such units shall be exempt from further
inspection for a period of two years unless a complaint or violation
has occurred or a code enforcement officer reasonably believes that
a violation has occurred or unless inspected prior thereto by a reason
of change of occupancy or property transfer. Absent a change of occupancy,
property transfer, complaint or violation, it is the intent of this
section to inspect all residential rental units at least once every
two years.
C.
Initial inspections by the code enforcement office will occur in
accordance with a phased-in systematic inspection program which shall
be prepared by the code enforcement office and will be made available
upon request. A minimum thirty-day notice shall be given for all initial
inspections. The penalty for not allowing an inspection shall be revocation
of the rental license.
D.
This inspection shall be for the purposes of determining compliance
with the provisions of the codes as in effect in the Township on the
date of the inspection.
E.
Failure of the owner to permit access to conduct such inspection
shall be deemed a violation of this article.
F.
For the purposes of enforcing this article, the code enforcement
officer or his designee may seek to obtain a search warrant issued
by a competent authority for the purpose of compelling an inspection
of a residential rental unit.
[Ord. No. 2009-10, § 1, 12-16-2009]
If the inspection of a residential rental unit discloses no
code violations, the code enforcement officer or designee shall issue
a certificate of compliance to the owner within 14 days of said inspection.
Issuance of a certificate of compliance shall denote compliance with
any applicable codes. The certificate of compliance shall be in such
form as approved from time to time by the code enforcement officer.
The certificate of compliance shall be displayed in plain view within
the residential rental unit or structure.
[Ord. No. 2009-10, § 1, 12-16-2009]
If the inspection of a residential rental unit discloses code
violations, the code enforcement officer or his designee shall issue
a certificate of noncompliance within 14 days of said inspection.
The certificate of noncompliance shall set for the following:
A.
The street address or appropriate description of the subject properly;
B.
The date of inspection;
C.
The identity of the inspector;
D.
A statement of the zoning district applicable to the subject property,
together with an extract of the applicable ordinance(s) showing the
uses permitted within that district;
E.
A statement of any variances and use permits granted to the subject
property, together with the conditions and restrictions of such permits;
F.
A statement as to whether there appears to be any nonconformity in
the structures on the property or the uses of being made thereof.
This statement shall also indicate whether the property has been approved
or designated as a nonconforming use;
G.
A list of the code violations;
H.
The number of days in which the owner and/or agent is to accomplish
repairs, including a provision allowing for a reasonable time extension
upon the owner and/or agent showing of good faith compliance to the
satisfaction of the code enforcement officer, however, no time extensions
shall be granted for fire and/or life safety issues; and
I.
A notice that, if the conditions are not repaired within the time
specified, the residential rental unit may be placarded as unfit for
human occupancy. The owner and/or agent of the residential rental
unit is responsible for the relocation of any occupants/tenants which
are living on the premises if such placarding is due to the failure
of the owner and/or agent to make required repairs.
[Ord. No. 2009-10, § 1, 12-16-2009]
A.
Upon the expiration of the time specified to accomplish repairs or
upon notice form the owner that the repairs have been accomplished,
whichever occurs first, the code enforcement officer or his designee
shall re-inspect the subject residential rental unit.
B.
In the event that such re-inspection discloses that the owner and/or agent accomplished the repairs, the code enforcement officer or his designee shall issue a certificate of compliance to the owner in accordance with Section 7-22 of this chapter.
C.
In the event that such re-inspection discloses that the owner and/or agent failed to accomplish the repairs, the code enforcement officer or his designee shall issue a new certificate of noncompliance, in accordance with Section 7-23 of this chapter. Further the owner and/or agent shall pay a reinspection fee in an amount equal to the initial inspection fee as set forth in Section 7-25 of this chapter.
[Ord. No. 2009-10, § 1, 12-16-2009]
Upon application for registration or inspection and/or upon change of occupancy, the owner of a rental property shall be required to make payment to Township of an inspection and registration fee per residential rental unit, said fee to be determined by resolution of Township, the code enforcement officer or his designee shall review the pertinent Township records and inspect the subject premises in accordance with Section 7-6 of this chapter. All registration and inspection fees shall be paid prior to the inspection regardless of the number of units. Failure to pay such fees shall be deemed a failure and/or refusal to comply with the provisions contained herein and will be subject to the penalty contained in Section 1-9 of the West Pottsgrove Township Code of Ordinances.
[Ord. No. 2009-10, § 1, 12-16-2009]
The issuance of a license is not a representation by the Township
that a residential rental unit and/or the building in which it is
located is in compliance with all codes referenced in this chapter.
However, neither the enactment of this section nor the issuance of
a license shall impose any liability upon the Township for any errors
or omissions which resulted in the issuance of such license, nor shall
the Township bear any liability not otherwise imposed by law.
[Ord. No. 2009-10, § 1, 12-16-2009]
Nothing in this section shall preclude or prohibit the code
enforcement officer or his designee from identifying any violations
of the various codes which exist in the residential rental unit and
noting the same in any inspection report.
[Ord. No. 2009-10, § 1, 12-16-2009]
The appropriate Township officials are authorized and directed
to take such actions as necessary to effectuate the intent of this
chapter.
[Ord. No. 2009-10, § 1, 12-16-2009]
A.
Any owner, operator, responsible agent or Manager of each residential rental unit who has violated the provisions of this chapter shall be subject to the general penalty provisions as set forth in Section 1-9 of the Code of Ordinances of West Pottsgrove Township. Fires for each violation are a maximum of $1,000, as specified in Section 1-9(1) of the Code of Ordinances of West Pottsgrove Township.
B.
Each violation of this chapter and each day the same is continued
shall be deemed a separate offense. A separate violation shall exist
for each unlicensed or uncertified residential rental unit and shall
be deemed a separate offense.
C.
In addition to the placarding of the premises and other remedies
available to the Township, the Township may seek the enforcement of
any order for corrections through appropriate legal action.
