[1]
Editor's Note: Former Division 4 was repealed 12-16-2009
by Ord. No. 2009-10, § 1, and 3-3-2010 by Ord. No. 2010-2.
[Ord. No. 2009-11, § 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
and activity or imposing a penalty, the term, as applied to partnerships
and associations shall mean each partner and, as applied to corporations,
the officer 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 Commercial 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 parcel of real estate identified by a tax parcel number
containing at least one commercial or industrial rental unit.
The registration number assigned by the code enforcement
officer to the commercial or industrial rental unit.
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 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 commercial or industrial rental property evidencing the
existence of said rental unit(s). A license and fee is required for
each specific commercial or industrial rental unit. A rental license
shall be required for lawful rental occupancy of all commercial or
industrial rental units under this section. This registration does
not warrant the proper zoning, habitability, safety or conditions
of the rental unit in any way.
A fee as determined by Township resolution to cover the administrative
costs of registering a commercial/industrial rental property prior
to the issuance of a rental license.
West Pottsgrove Township and the Board of Commissioners of
West Pottsgrove Township.
[Ord. No. 2009-11, § 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
suite number an/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 7-31.A.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 commercial or industrial 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 rental units, including but not limited to eviction proceedings.
4.
It shall be unlawful for any owner and/or agent to conduct or operate
or cause to rent any commercial or industrial rental unit within the
Township without having a rental license for each commercial and industrial
unit.
5.
Every owner and/or agent shall display the rental license in each
commercial or industrial 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 telephone number to call to register complaints regarding the
physical condition of the commercial or industrial rental unit;
c)
The telephone number for emergency police, fire and medical services;
and
d)
The date of the expiration of rental license.
6.
It shall be the responsibility of every owner and/or agent to employ
policies to manage the commercial or industrial 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 regulations.
2.
The occupant(s) shall conduct themselves and require other persons
including, but not limited to patrons or employees on the premises
and within their commercial or industrial 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 or commercial or
industrial properties 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 commercial or industrial rental
unit or engage in disruptive conduct or other violations of this section,
Township codes or applicable state laws.
[Ord. No. 2009-11, § 1, 12-16-2009]
A.
The owner of each commercial or industrial 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 commercial or industrial
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 7-32.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 31st of each year, register each
building and all such commercial or industrial rental units with the
Township on forms provided by the code enforcement officer of the
Township.
E.
Any owner or agent who transfers legal title to any building and/or commercial or industrial rental unit, requiring a registration under Section 7-32 shall give notice of such transfer, in writing, to Township within five business days of having transferred ownership of such building and/or commercial or industrial rental unit, and register with the Township as set forth in Section 7-31.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 patrons or
employees permitted in the leased premises.
G.
Each applicant for a rental license required by Section 7-32 shall, at the time of the application, pay a registration fee and a license fee as may be determined by resolution of the Township (whether or not the commercial or industrial 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 commercial or industrial rental unit is occupied at the 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 commercial or industrial rental unit
without first ascertaining that a valid license exists for such commercial
or industrial rental unit.
I.
Failure to register the commercial or industrial 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. 2009-11, § 1, 12-16-2009]
No commercial or industrial 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 commercial and
industrial rental unit is located.
[Ord. No. 2009-11, § 1, 12-16-2009]
A.
The code enforcement officer shall fully inspect each commercial
or industrial 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 commercial or industrial 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 any reinspection 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 commercial or industrial rental units,
the owner and/or agent of each commercial or industrial rental unit
shall register with and make written application 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 commercial or industrial
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 commercial and industrial rental unit.
[Ord. No. 2009-11, § 1, 12-16-2009]
If the inspection of a commercial or industrial 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 commercial or industrial rental unit or structure.
[Ord. No. 2009-11, § 1, 12-16-2009]
If the inspection of a commercial or industrial 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 forth the following:
A.
The street address or appropriate description of the subject property;
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 restriction of such permits;
F.
A statement as to whether there appears to be any nonconformity in
the structures on the property or the uses 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 commercial or industrial rental unit may be placarded
as unfit for human occupancy. The owner and/or agent of the rental
unit is responsible for the relocation of any tenants which are occupying
the premises if such placarding is due to the failure of the owner
and/or agent to make required repairs.
[Ord. No. 2009-11, § 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 commercial and industrial 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 7-35 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 7-36 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 7-38 of this chapter.
[Ord. No. 2009-11, § 1, 12-16-2009]
Upon application for an inspection or inspection and/or upon change of occupancy, the owner of a rental property shall be required to make payment to the Township of an inspection and registration fee per commercial or industrial 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 7-34 of this chapter. All 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. 2009-11, § 1, 12-16-2009]
The issuance of a license is not a representation by the Township
that a commercial or industrial rental unit and/or the building in
which it is located is in compliance with all the 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. 2009-11, § 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 commercial or industrial rental
unit and noting the same in any inspection report.
The appropriate Township officials are authorized and directed
to take such actions as necessary to effectuate the intent of this
chapter.
[Ord. No. 2009-11, § 1, 12-16-2009]
A.
Any owner, operator, responsible agent or Manager of each commercial and industrial 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. Fines 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 commercial and industrial 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.
