[HISTORY: Adopted by the Board of Commissioners of the Township
of Crescent 8-10-2022 by Ord. No. 588. Amendments noted where applicable.]
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.
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.
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.
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.
A building having one or more dwelling units.
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.
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.")
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.
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.
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.
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.
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.
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.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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.
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.
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.
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.
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.")
Written form, including forms supplied by the Township Manager,
containing at least the following information legibly inscribed thereon:
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.
The date upon which each person commenced such use, occupancy
or exercise of control over the premises of the lessor.
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.
The name, current address, email address and telephone number
of the lessor.
A statement by the lessor verifying the contents of the report
duly executed and acknowledged by the lessor.
Where terms are not defined through the methods authorized
by this section, such terms shall have ordinarily accepted meanings
such as the context implies.
The Township of Crescent.
A.
Owner's duties.
1.
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with all applicable codes and provisions
of all other applicable state laws and regulations and local ordinances,
and to keep such property in good and safe condition.
2.
The owner shall maintain the premises in compliance with the applicable
Codes of the Township. Allegheny County, and the Commonwealth of Pennsylvania,
and shall regularly perform all routine maintenance and make any and
all repairs necessary to fulfill this obligation.
3.
The owner shall reply promptly to reasonable complaints and inquiries
from occupants, and the owner shall comply with all provisions of
the Landlord-Tenant Act of the Commonwealth of Pennsylvania.
4.
The owner shall provide to the Township the contact information for
the person(s) or entities responsible for the management of the premises.
B.
Written rental agreement.
1.
All rental agreements for regulated rental units shall be in writing.
The owner shall provide to the tenant at the time the rental agreement
is agreed to or executed a copy of this chapter. The owner shall provide
occupant with copies of the rental agreement upon execution.
2.
Except as otherwise provided by this chapter, no rental agreement
may provide that the occupant or owner agrees to waive or to forego
rights or remedies under this chapter. A provision prohibited by this
chapter and included in a rental agreement shall be unenforceable.
C.
Tenant registration application. Each lessor shall file a tenant
registration application in the office of the Township Manager within
30 days after each and every change of occupancy of each premises
by any lessee, sublessee, licensee, invitee or concessionaire. Such
supplementary reports may be limited to the change made. The lessors
shall be required to file tenant registration applications for all
properties owned or controlled.
D.
Enforcement.
1.
Within 10 days after receipt of written notice from the Code Enforcement
Officer that the owner and/or an occupant of a regulated rental unit
has violated a provision of this chapter, or any other applicable
statute, ordinance, or code of the Commonwealth of Pennsylvania, Allegheny
County, or Township of Crescent, the owner shall take immediate steps
to remedy the violation and take steps to assure that there is not
a reoccurrence of the violation.
2.
Within 10 days if requested by the Code Enforcement Officer after
receipt of a notice of violation, the owner shall file with the Code
Enforcement Officer a report, 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 recurs.
3.
The Code Enforcement Officer shall review the report and, if adequate
steps have been taken and the plan is adequate to address the future
violations, shall approve the plan. The owner shall, on his or her
initiative, enforce the plan and failure to do so shall be a violation
of this chapter.
4.
Upon receiving notice of any code violation 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.
5.
All repairs identified in the notice of violations shall be corrected
within the time to cure as specified by the inspector on the notice
of violations.
E.
Township can make repairs. In the event 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 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%. 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 therein 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 chapter or other applicable
codes, ordinances or statues, including, where appropriate, condemnation
proceedings or declaration of premises as unfit for habitation; or
suspension, revocation, or nonrenewal of the license issued hereunder.
F.
Inspection of premises.
1.
The owner shall permit inspections of any premises by the Code Enforcement
Officer at his discretion, or at minimum once every three years. The
Code Enforcement Officer is required to provide written notice a minimum
of seven days in advance of the inspection date.
2.
The Code Enforcement Officer is hereby designated as the official
authorized to enforce this chapter and to take appropriate measures
to abate violations herein, for and on behalf of the Township of Crescent.
The Police will also have the authority to enforce this chapter and
take appropriate action to abate violations.
A.
License requirement and fee.
1.
As a prerequisite to entering into a rental agreement or permitting
the occupancy of any regulated rental unit (except as provided in
this section), the owner of every such regulated rental unit shall
be required to apply for and obtain a license for each regulated rental
unit, regardless of the zoning classification or district in which
the regulated rental unit exists. The cost of a license shall be $65
per unit. The cost of a license may be amended by resolution of the
Township of Crescent from time to time as it may desire.
2.
A license shall be required for all regulated rental units.
3.
The following categories of rental properties shall not require licenses,
and shall not, therefore, be subject to the permitting provision of
this chapter: (a) senior citizen retirement and assisted living facilities
duly licensed and complying with the laws and regulations of the Commonwealth
of Pennsylvania with respect to such facilities; (b) convents and
parish houses; (c) dormitory housing provided by educational institutions;
(d) housing provided by volunteer fire companies to its members; (e)
group homes providing medical and related care for persons with disabilities;
(f) a nonregulated non-owner-occupied unit as defined in this chapter;
(g) residential rental units occupied by immediate members of owner's
family; provided, that no more than two unrelated individuals, in
addition to the immediate members of the owner's family, occupy
the dwelling unit at any given time.
4.
The application for the license shall be in a form as determined
by the Township from time to time.
5.
The owner shall maintain a current list of occupants in each regulated
dwelling unit which shall include their name, permanent address and
permanent telephone number. The owner shall furnish the list to the
Township upon request and shall notify the Township of any changes
in the number of occupants so that revisions can be made to the license.
B.
License term, fee and occupancy limit.
1.
Each license shall have a three-year term running from the date the
application is approved by the Township of Crescent. Upon application
for a license and prior to the issuance or renewal thereof, each applicant
shall pay to the Township a three-year license and inspection fee,
in an amount to be established from time to time by resolution of
the Township Board of Commissioners. Such resolution may provide for
more than one fee scale for different categories of premises, to be
more specifically set forth in the resolution.
2.
The license shall indicate thereon the maximum number of occupants
in each regulated rental unit.
3.
No license shall be issued if the owner has not paid any fines and
costs arising from enforcement of this chapter or any of the ordinances
of the Township of Crescent relating to land use and/or code enforcement,
has failed to remedy the violations identified by the Code Enforcement
during the inspection of the premises, or if any licensing fees under
this chapter are due and owing to the Township.
C.
Annual tenant registration. Every owner/landlord shall provide the
Township annually by March 15 of each year a tenant registration application
listing the name, address, email address, telephone number and all
pertinent contact information of each and every tenant in any regulated
rental unit and/or dwelling. Upon application, each applicant shall
pay to the Township an annual registration fee in an amount to be
established from time to time by resolution of the Township Board
of Commissioners.
A.
Every owner/landlord residing further than 15 miles from the corporate
boundaries of the Township of Crescent must designate a property manager
or person responsible for the care of all rental property. The property
manager or person responsible for taking care of rental property must
reside or have its corporate offices or reside within 15 miles of
the corporate boundaries of the Township of Crescent. The property
manager shall be the designated recipient of all correspondence and
violation notices from the Township. The property manager shall be
the direct point of contact for disruptive conduct, emergencies, and
any other occurrence that may be of a time-sensitive nature. The property
manager shall be the agent of the property owner and by his, her or
its appointment shall be authorized and empowered to accept service
of all correspondence, violation notices, citations, court complaints
and pleadings on behalf of the landlord. The appointment of a property
manager shall remain in effect and shall be considered legally binding
on both the principal and agent until revoked and notice of revocation
is provided by the owner/landlord to the Township.
B.
Every owner/landlord residing further than 15 miles from the corporate
boundaries of the Township of Crescent must appoint a property manager
within 45 days of enactment of this chapter. The landlord/owner must
provide the Township with the property manager's name, address,
and all pertinent contact information. The owner/landlord must also
provide the Township with his/her name, address, email address, telephone
number and all pertinent contact information. The owner/landlord of
the property shall be responsible for all the duties of the property
manager in the event that the Township is unable to communicate with
the property manager. Contact information shall be updated upon any
change in designated manager and/or at the time of each annual registration
or license renewal.
A.
Basis for violation. It shall be unlawful for any person, as owner
of a regulated rental unit for which a license is required, to operate
without a valid, current license issued by the Township authorizing
such operation. It shall also be unlawful for any owner to allow the
number of occupants of a regulated rental unit to exceed the maximum
limit as set forth on the license, or to violate any other provision
of this chapter. It shall be unlawful for any occupant to violate
this chapter.
B.
Penalties. Any violation of this chapter shall constitute a summary
offense punishable, upon conviction thereof by a magisterial district
judge, by a fine not less than $300 nor more than $600 plus costs.
Each day of violation shall constitute a separate and distinct offense.
C.
Nonexclusive remedies. The penalty provisions of this chapter shall
be independent, nonmutually exclusive separate remedies, all of which
shall be available to the Township as may be deemed appropriate for
carrying out the purposes of this chapter. The remedies and procedures
in this chapter 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 chapter 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 chapter.
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.
A.
Changes in ownership occupancy. It shall be the duty of each owner
of a regulated dwelling unit to notify the Township Manager in writing
of any change in ownership of the premises or of the number of regulated
rental units on the premises. It shall also be the duty of the owner
to notify the Township Manager in writing of the changing of a dwelling
unit from owner-occupied to non-owner-occupied, which thereby transforms
the dwelling into a regulated rental unit for purposes of this chapter.
B.
Owner severally responsible. If any regulated 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 chapter, and shall
be severally subject to prosecution for the violation of this chapter.
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.
