No person, firm, or corporation who owns or manages single-family
detached dwellings, two-family buildings, single-family semidetached
dwellings, two-family detached dwellings, single-family attached dwellings,
town-houses, multifamily dwellings, and apartments houses (hereinafter
"rental dwellings") shall operate or rent to another, or provide for
residential occupancy for 1 or more consecutive days with or without
compensation, any rental dwelling until a rental license has been
issued by the code official. All non-owner
occupied rental buildings regardless of the family status
of the occupant(s) or compensation amount by the occupant(s) must
be licensed and inspected.
Exception: A rental license does not need to be
obtained for a property where the occupant(s) are listed on the recorded
deed.
802.1.1
Short-term rentals. Air B&B, Tourist Homes,
Boarding/Rooming Houses, Recovery Homes, and Bed and Break-fasts are
required to obtain a rental license in accordance with this section
prior to occupancy regardless of duration of stay and must provide
proof of Norristown Zoning Approval/Permit.
802.1.2
Occupancy prior to license issuance. Occupancy
of any rental dwelling prior to license issuance is a violation of
this code. In addition to the imposition of the penalties herein described,
the code official is authorized to issue administrative
fines of $300 per day. Each day that a violation continues after due
notice has been served, in accordance with the terms and provisions
hereof, shall be deemed a separate offense. Any person, firm, or corporation
violating this section is exempt from the notification requirements
set forth in Section 109. Failure to pay the fine, in full, to the
Department of Buildings & Code Compliance within 10 days of issuance
will result in legal action. Violations of this section can be appealed
to the Board of Code Appeals within 10 calendar days of issuance.
Applications for licenses shall be made to the Department of
Buildings & Code Compliance on forms furnished by the Department.
Licenses must be applied for and obtained on an annual basis.
802.2.1
Resident information. At the time of application,
the person making application shall provide to the department a list
of current or proposed tenants for the calendar year. That tenant
list shall include the tenant's full legal name, phone number,
and email. If a tenant vacates the owner's property and is replaced
by a new tenant, the owner is obligated to notify the department in
writing within 30 days and provide the information required in the
aforesaid tenant list about the new tenant(s) to the department.
802.2.2
Rental License Fees. At the time of application,
each owner for a license to operate a rental dwelling shall pay a
license fee on an annual basis set by a resolution of Municipal Council.
802.2.3
Compliance With Municipal Codes. At the time of
application, the owner shall complete a certification subject to the
provisions of 18 Pa. C.S.A. § 4904 which states that the
owner is aware of and intends to comply with the Norristown Building
Safety, Property Maintenance, and Housing Code; Property Maintenance
Quick Ticket Program; the Pennsylvania Uniform Construction Code;
the Municipality's Solid Waste Ordinance, and all applicable
standalone ordinances of the Municipality.
802.2.4
Satisfaction of Municipal Fees. At the time of
application, the owner and/or their authorized agent making application
must have satisfied all permit fees owed to the Municipality of Norristown,
with the exception of any taxes and or fees regulated by the statutory
authority of the General Assembly of the Commonwealth of Pennsylvania.
This satisfaction of the aforesaid permit fees applies not only to
the property(ies) that the owner is applying for currently but to
all properties that the owner possesses title to within the Municipality
of Norristown. The term "appropriate and applicable fees" is meant
to extend to those property(ies) which may not be in the name of the
owner but which the owner has partnership, shareholder, or equivalent
status therein. The satisfaction of appropriate and applicable fees
is meant to be liberally construed. Any and all disputes arising out
if its interpretation shall be determined first by the Code Enforcement
Manager/Building code official and if that is not
satisfactory to the owner by the Municipal Administrator of Norristown.
The code official shall issue or renew a rental
license to the applicant upon proof that all of the following requirements
have been satisfied:
1. Zoning use permit has been issued for the purpose for which property
will be used;
2. The structure complies with the provisions of this code and all other
applicable codes and/or ordinances;
3. Current satisfactory rental housing inspection. Property must have
been inspected within last three years and must not have any open
life/safety code violations. If a property has not been inspected
within the last three years and/or has not passed inspection and has
an open/failed inspection status, a temporary rental license may be
issued. Temporary rental license fees will be double the amount of
normal rental license fees. Temporary rental licenses are only valid
for 6 month increments. Within 6 months of issuance, property owner
must contact the department to schedule an inspection and have inspection
performed.
4. At the time of application if the owner has had his license suspended
or revoked in the previous 365 days, the code official and/or Municipal Administrator reserves the right to deny issuance
of the rental license for the following year.
5. At the time of application, the owner shall complete a certification
subject to the provisions of 18 Pa. C.S.A. § 4904 which
states that the owner is aware of and intends to comply with the Norristown
Property Maintenance Code, the Uniform Construction Code, the Municipality's
Recycling Ordinance, and the Municipality's stand-alone ordinances
regulating weeds, litter, and snow removal.
Rental licenses shall be renewed annually, on or before the
license's expiration date of each year. A rental license shall
be considered abandoned upon owner, person-in-charge, or any authorized
agents' failure to submit the required or proper annual rental
license application and fee. No reduction shall be made for fractional
yearly permits. Beginning in 2021, and continuing each year thereafter,
the Municipality shall mail rental license applications and invoices
to all registered rental property owners by no later than October
15. Nonregistered rental property owners who wish to rent their properties
pursuant to this chapter must register with the Municipality, obtain
an application for a rental license, and file it in accordance with
the provisions of this code. Rental license applications must be fully
completed and returned to the Municipality with the required fees
by no later than December 15. Rental licenses will be mailed by the
Municipality when full payment is received. Notwithstanding any other
provisions in this chapter to the contrary, if a person to whom the
provisions of this chapter apply fails to obtain a rental license,
the Municipality may impose a late fee penalty, which shall be established
by resolution of the Municipal Council and may be amended from time
to time by resolution of the Municipal Council. The Municipality shall
not impose a late fee penalty for failure to comply with the provisions
of this chapter until after December 31.
Late fees shall be imposed after the license renewal due date
per the approved fee schedule.
Rental licenses shall not be transferable upon change of ownership.
At the time of applying for a new license or license renewal,
a Person-in-Charge shall be designated if the property owner does
not live or have an office within 50-mile radius of their property.
A Person-in-Charge must be designated if the property owner lives
outside 50 mile radius of their property. The person-in-charge must
reside in or have an office within 50 miles Norristown.
Applications for rental licenses and applications for the renewal
of a rental license shall be filled out completely and accurately
including the physical address (no P.O. Box allowed) telephone number(s),
email address, driver's license/state id info for the owner(s)
and if applicable, the information of the person-in-charge. If the
owner of the property is a firm, corporation, or other entity an officer
of that organization must be identified, and their information must
be supplied. The rental license shall not be issued or renewed if
an application does not contain all required information.
802.8.1
Contact address. The contact addresses provided to the Department of Buildings & Code Compliance in accordance with Section
802.8 must be a valid address for the receipt of United States mail and shall be checked by the owner or person-in-charge regularly.
802.8.2
Telephone number. The telephone numbers provided to the Department of Buildings & Code Compliance in accordance with Section
802.8 must be a valid telephone number capable of receiving and recording voice mail at all times. This number is considered the emergency contact number for the rental property. A response to a voice mail left on this number by a representative of the Municipality or the Department of Buildings & Code Compliance shall be returned or responded to within 3 hours. A response to a voice mail left on this number by a tenant shall be returned or responded to within 3 hours.
802.8.3
E-Mail address. A valid e-mail address for the
owner and person-in-charge shall be provided to the Department of
Buildings & Code Compliance The e-mail address shall not be considered
an emergency contact and response to an e-mail for the owner or person-in-charge
by staff member of the Department of Buildings & Code Compliance
municipality or tenant and shall be responded to within 24 hours.
The rental license fee shall be established by resolution of
the Municipality.
The rental license shall be displayed in a conspicuous location
for all occupants of the building. The issuance of a rental license
to a property owner, person-in-charge, or any duly authorized agent
of the owner shall constitute consent for an inspection. The rental
license is and shall remain the property of Department of Buildings &
Code Compliance and must be surrendered to the department upon demand.
Failure to post a rental license in a conspicuous location will result
in an administrative fine being assessed and/or citations filed for
non-compliance.