This article shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of residential
structures and premises on a short-term and/or vacation basis.
The provisions of this article shall apply to all existing residential
structures, conversions of nonresidential structures to residential
dwellings, and all existing premises and shall constitute the minimum
requirements and standards for said premises for occupancy, life safety,
safety from fire and other hazards. The owner of the rental property
shall be responsible for compliance with these provisions, and failure
of an owner, agent, managing agency, local contact person or short-term
renting occupants to comply with this article shall be deemed noncompliance
by the owner.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
BEDROOM
Any room or space used or intended to be used for sleeping
purposes.
CODE OFFICIAL
The official who is charged with the administration and enforcement
of this Code, or any duly authorized representative.
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
LOCAL CONTACT PERSON
A local property manager, owner, or agent of the owner, who
is available to respond to tenant and neighborhood questions or concerns,
or any agent of the owner authorized by the owner to take remedial
action and respond to any violation of this article.
OPERATOR
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in official
government records 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 the estate
of such person if ordered to take possession of real property by a
court.
SHORT-TERM RENTAL
Any dwelling unit owned or managed by a person, firm or corporation
which is rented or leased for a period of less than 30 days, not including
properly registered and permitted hotel, motel or bed-and-breakfast
units.
TENANT
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
TOILET ROOM
A room containing a water closet or urinal but not a bathtub
or shower.
Each owner of a long-term or short-term rental shall designate
a local person, property manager or agent as a local contact person
who has access and authority to assume management of the unit and
take remedial measures. An owner who resides within 10 miles of premises
may designate himself as the local contact person. The local contact
person shall respond to the Code Official within one hour after being
notified by the Code Official or other Borough official of the existence
of a violation of this article or any disturbance requiring immediate
remedy or abatement. If the local contact person is not the owner,
the local contact person shall immediately advise the owner of any
notification of a violation.
A license under this article shall be required when any dwelling
unit is initially proposed to be used as a short-term rental. A license
application for any property presently used as short-term rental shall
be filed within 90 days of the effective date of this article. Each
permit shall be renewed annually and at the time any of the conditions
of the rental which are governed by this article are changed through
application to the Code Official, who shall be authorized to grant
or deny such renewals. Licenses shall be issued only in the name of
the owner of the short-term rental. Any fees attached hereto shall
be established by the Borough in its Fee Resolution Schedule, as it
exists at the time of application.
An application for a short-term rental license shall be filed
with the Code Official. The application shall contain the following
information:
A. The name, address, telephone number and email address of the owner.
If the owner does not have a managing agency, agent or local contact
person, then the owner shall provide a twenty-four-hour telephone
number.
B. The name, address, and twenty-four-hour telephone number of the managing
agency, agent or local contact person.
C. A diagram or photograph of the premises showing and indicating the
number and location of designated on-site parking spaces and documentation
detailing the number and location of available off-site parking spaces.
D. If not on a central sewer system, the location, approximate age and
capacity (if known) of the sewage disposal system.
E. Acknowledgment that the owner, agent, and/or local contact person
have read all regulations pertaining to the operation of the short-term
rental.
F. Acknowledgment the owner, agent, or local contact person will post and maintain the short-term rental license along with the notice required under §
210-51A(9) herein.
G. A copy of a current Wayne County room rental excise tax certificate
and current Pennsylvania sales tax license if such certificate and/or
license is required by the applicable regulations.
H. Any other reasonable information deemed necessarily by the Code Official.
The governing body may appoint one or more Code Officials, who
may be the Borough Zoning Officer or Code Enforcement Officer, local
police or a contracted individual, firm or agency, to conduct inspections,
make reports and administer this article. All short-term rental units
shall be subject to inspection and approval by the Code Official to
verify registration, application, license, operating and/or occupancy
requirements or if there is reason to believe that any provision of
this article is being violated. Prior to the initial letting of a
short-term rental and prior to the license renewal, the owner shall
arrange for an inspection annually by the Code Official to confirm
that occupancy requirements herein are satisfied.
Each short-term rental, to be approved for letting, shall comply
with the following:
A. Smoke detector in each bedroom;
B. Smoke detector outside each bedroom in the common hallway;
C. Smoke detector on each floor;
D. Aluminum or metal exhaust from dryer;
E. Carbon monoxide detector if there is an open flame (oil or gas) furnace
or gas fireplace;
F. Carbon monoxide detector if garage is attached;
G. Fire extinguisher in kitchen;
H. Stairs (indoor and outdoor) in good condition;
I. Covers on all outlets; and
J. Any other occupancy requirements that may be added by resolution of the governing body or that may be required by other regulations, including Building Code requirements and Chapter
163 of this Code.
If an owner of a short-term rental commits two or more offenses
resulting in convictions within one year, the short-term rental license
may be revoked.