This chapter is hereby titled the Township of Crescent Landlord
Registration and Licensing Ordinance.
It is the purpose of this chapter and the policy of the Board
of Commissioners of the Township of Crescent, in order to protect
and promote the public health, safety and welfare of its citizens,
to establish rights and obligations of owners and occupants relating
to the rental of certain residential rental units in the Township
of Crescent 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 that owners, managers and occupants
share responsibilities to obey the various codes adopted to protect
and promote public health, safety and welfare. The provisions of this
chapter to all residential houses, apartments, units, buildings and/or
structures of any kind which are leased, rented or otherwise occupied
by persons or entities who do not own the premises and to all the
persons or entities which own, lease, and/or rent such residential
houses, apartments, units, buildings and/or structures of any kind
within the Township. Further, this chapter is not intended, nor shall
its effect be, to limit any other enforcement remedies which may be
available to the Township.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings shown in this
chapter.
CODE
Any statute, ordinance, or law adopted, enacted, and/or in
effect in and for the Township of Crescent concerning fitness for
habitation or the construction, maintenance, operation, occupancy,
use or appearance of any premises or dwelling unit.
CODE ENFORCEMENT OFFICER
Any duly authorized representative of the Township of Crescent,
including but not limited to the Township of Crescent Police Department
and its officers, Township of Crescent Code Enforcement Officer, the
Township of Crescent Building Inspector and those authorized by the
Board of Commissioners of the Township of Crescent to enforce the
provisions contained herein.
COMMON AREA
In multiple-unit dwellings, space which is not part of a
regulated rental unit and which is shared with other occupants of
the dwelling whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this chapter.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a
single unit and used for living and sleeping purposes, regardless
of the zoning classification or district in which the dwelling unit
exists.
LANDLORD
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 present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit. (Same as "owner.")
LESSOR
Any person who, for monetary or other consideration, grants,
permits or otherwise allows another person to use or occupy or exercise
control over premises or any part thereof as a lessee, sublessee,
licensee, invitee, or concessionaire, whether or not said person is
the owner of the premises, and further shall also include any agent
or other person authorized to collect rents on behalf of another person.
MULTIPLE-UNIT DWELLING
A building containing two or more independent dwelling units,
including, but not limited to, double houses, row houses, townhouses,
condominiums, apartment houses, and conversion apartments.
NONREGULATED NON-OWNER-OCCUPIED UNIT
A dwelling occupied by immediate family member(s) of the
owner(s), i.e., parent, child, siblings, in which no money exchanges
hands for the purpose of such occupancy.
OCCUPANCY LICENSE
The license issued to the owner of regulated rental units
under this chapter, which is required for the lawful rental and occupancy
of regulated rental units.
OCCUPANT
An individual who resides in a regulated 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 written lease or by the
laws of the Commonwealth of Pennsylvania.
OWNER
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 present use and enjoyment
of the premises, including a mortgage holder in possession of a regulated
rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
entity, association, limited partnership, trust, or any combination
thereof, including those acting in a fiduciary or representative capacity,
whether appointed by a court or otherwise.
PREMISES
Any parcel or real property in the Township, including the
land and all buildings and appurtenant structures or appurtenant elements,
upon which one or more regulated rental units is located, and is suitable
or adaptable for human occupancy for residential, commercial or other
purposes.
REGULATED RENTAL UNIT
A dwelling unit occupied or intended to be occupied by any
person under a rental agreement, regardless of the zoning classification
or district in which the regulated rental unit exists.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant
embodying the terms and conditions concerning the use and occupancy
of a specified regulated rental unit or premises.
TENANT
An individual who resides in a regulated 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 written lease or by the
laws of the Commonwealth of Pennsylvania. (Same as "occupant.")
TENANT REGISTRATION APPLICATION
Written form, including forms supplied by the Township Manager,
containing at least the following information legibly inscribed thereon:
A.
The names and current complete mailing address, email address
and telephone number of any and all persons using, occupying or exercising
control over premises owned by, subjected to or in control of the
lessor.
B.
The date upon which each person commenced such use, occupancy
or exercise of control over the premises of the lessor.
C.
The date upon which any person previously identified in a tenant
registration application terminated the use, occupancy or exercise
of control over the premises of the lessor and the forwarding or other
last known address of that person.
D.
The name, current address, email address and telephone number
of the lessor.
E.
A statement by the lessor verifying the contents of the report
duly executed and acknowledged by the lessor.
TERMS NOT DEFINED
Where terms are not defined through the methods authorized
by this section, such terms shall have ordinarily accepted meanings
such as the context implies.
Any person affected by a decision, notice or order of a Code
Enforcement Officer under this chapter shall have the right to appeal
to the Char West Council of Governments Uniform Construction Code
Board of Appeals or other appeals board as may be subsequently designated
by resolution from time to time. An application for appeal may be
made when it is claimed that the provisions of this chapter have been
improperly applied or administered or that factual errors were made
by the Code Enforcement Officer, or for such other grounds under this
chapter as the applicant may allege. A written application for appeal
is required to be filed within 20 days after the day the decision,
report, notice or order was received or served.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
It is hereby declared to be the intention of the Board of Commissioners
of the Township of Crescent that the several provisions of this chapter
are separable. If any Court of competent jurisdiction shall declare
any words, sentences, sections or provisions of this chapter to be
invalid, such a ruling shall not affect any other words, sentences,
sections or provisions of this chapter not specifically included in
said ruling.