This article shall be known as and may be cited as the "Short-Term Rentals Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Penn Forest as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-3-2021 by Ord. No. 2021-2]
The Board of Supervisors of Penn Forest Township, Carbon County, Pennsylvania, is charged with the duty to protect and provide for the health, safety and general welfare of the citizens of the Township. The Board of Supervisors specifically finds and declares as follows:
A.
Short-term rentals of dwellings have become a significant segment of the local tourism economy.
B.
Short-term rentals provide a community benefit by expanding the number and type of lodging facilities available and assist owners of short-term rentals by providing revenue which may be used for maintenance, upgrades and deferred costs.
C.
While most of these units operate without a problem, there have been numerous complaints to the Township regarding excessive noise, parking, litter, and concerns regarding septic capabilities, security, public safety, and trespass.
D.
The transitory nature of occupants of a short-term rental makes enforcement against the occupants difficult, and therefore the unit owner must be the responsible party.
E.
The provisions of this article are necessary to prevent the continued burden on Township and community services and negative impacts on residential neighborhoods posed by short-term rentals.
F.
Compliance with the provisions of this article will maintain the rural and recreational character of the Township that attracts residents, homeowners and visitors.
A.
Scope. This article shall apply to all short-term rentals, as defined in § 175-5, and all provisions of this article shall apply to short-term rentals in addition to all other applicable requirements of Township ordinances, including but not limited to Chapter 240, Zoning, of this Code ("Zoning Ordinance"). This article does not apply to a hotel, motel, bed-and-breakfast, inn, boarding or rooming house or group home as defined in Chapter 240, Zoning, of the Code, when the property owner or representative is present on site at the property on a twenty-four-hour-per-day basis.
B.
Interpretation.
(1)
This article is not intended to, and does not, excuse any landowner from compliance with Chapter 240, Zoning, of the Code. Whenever possible, this article shall be construed and interpreted as being consistent with Chapter 240, Zoning, of the Code and not in conflict. In the event of a conflict between this article and Chapter 240, Zoning, of the Code, the more restrictive provision shall control.
(2)
This article is not intended to and does not excuse any landowner from compliance with the declarations or covenants in a planned community where a short-term rental may be located.
C.
Responsibility. The owner of the property wherein a short-term rental is located shall be responsible for compliance with the provisions of this article, and the failure of an owner, agent, managing agency, contact person, or renting occupants to comply with the provisions of this article, including the monitoring and control of the number of occupants and visitors, shall be deemed noncompliance by the owner and subject the owner to enforcement proceedings and the penalties contained herein.
[Amended 12-5-2022 by Ord. No. 2022-2]
In the interest of protecting and promoting the public health, safety and welfare, and minimizing the burden on Township and community services and the negative impacts posed by short-term rentals, a violation of any of the provisions of this article is declared to be a public nuisance.
The words and phrases used in this article shall have the following meanings:
A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. Space used primarily for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or other utility rooms and similar uses are not considered bedrooms. Space used or intended primarily for general and informal everyday use such as a living room, den, and sitting room or similar uses are not considered bedrooms.
The owner, property manager or agent of the owner, who is available to respond to tenant and neighborhood questions, complaints or concerns, or any agent of the owner authorized by owner to take remedial action and respond to any violation of this article. The contact person shall have actual authority to represent the owner for purposes of emergency and nonemergency contact and communication regarding the owner's short-term rental. A contact person must provide a twenty-four-hour emergency contact number, be able and willing to come to and be present at the short-term rental within one hour following notification to address any issue that is not capable of being addressed by telephone, and be able to act as legal agent for the owner. The contact person may be the owner of the short-term rental. The Township must be notified, in writing, within 14 days if there is a change in the identity of the contact person.
A person related by blood, marriage, or adoption, including a parent, spouse, child, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law.
[Added 12-5-2022 by Ord. No. 2022-2]
The person or entity that holds legal or equitable title to the property.
The consideration received by an owner and/or renter in money, credits, property, or other consideration valued in money for lodging.
A dwelling unit that is rented, licensed and/or leased, in whole or in part, for a transient use in exchange for rent, compensation or remuneration of any kind. This definition applies to all types of dwelling units rented, licensed and/or leased for a transient use under this article, unless excluded herein, including (but not limited to) single-family detached, twin dwelling units, townhouses, row houses or apartments, whether or not primarily used as permanent residences or seasonal or vacation homes.
[Amended 12-5-2022 by Ord. No. 2022-2]
Occupancy, use or possession of a dwelling unit by a person or persons for a period of less than 30 consecutive days, other than the owner(s) of the dwelling unit or tenant(s) of the dwelling unit with a lease for 30 consecutive days or more, and/or the family of such owner(s) or tenant(s); and further excluding temporary stays by unrelated individuals that are guests of the owner or tenant of the dwelling unit without the payment of any type of rent, compensation or other remuneration.
A form issued by an enforcement officer to a person who violates a provision of this chapter. The violation ticket is an offer by the Township extended to a person to settle a violation by paying an amount of money in lieu of a citation being issued against the violator.
[Added 12-5-2022 by Ord. No. 2022-2]
[Amended 6-7-2021 by Ord. No. 2021-3]
A.
Any sound that is plainly audible to an unaided human ear at any boundary line of the lot(s) or parcel(s) of land on which the short-term rental (or any activity, operation or use related to or associated with the short-term rental) is located between the hours set forth below: (1) for a continuous period in excess of 15 minutes; or (2) more than a total of 30 minutes in any four-hour period:
[Amended 12-5-2022 by Ord. No. 2022-2]
(1)
Sunday from 9:00 p.m. to Monday at 8:00 a.m.
(2)
Monday from 9:00 p.m. to Tuesday at 8:00 a.m.
(3)
Tuesday from 9:00 p.m. to Wednesday at 8:00 a.m.
(4)
Wednesday from 9:00 p.m. to Thursday at 8:00 a.m.
(5)
Thursday from 9:00 p.m. to Friday at 8:00 a.m.
(6)
Saturday from 12:00 a.m. to Saturday at 8:00 a.m.
(7)
Sunday from 12:00 a.m. to Sunday at 8:00 a.m.
B.
Notwithstanding the foregoing, on the following holidays, the hours for the noise restrictions are from 2:00 a.m. until 8:00 a.m.: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas Day; and the noise restrictions will resume at 10:00 p.m. on the holiday if the holiday falls on a Sunday, Monday, Tuesday, Wednesday, Thursday. or 11:00 p.m. if the holiday falls on a Friday or Saturday.
The owner of a short-term rental shall be responsible for obtaining the license and license renewals.
A.
License required. A short-term rental license shall be required prior to renting out a dwelling unit as a short-term rental. Operating a short-term rental without a short-term rental license is a violation of this article and shall subject the owner to the enforcement proceedings and penalties set forth herein.
B.
Outstanding violations. A dwelling unit located on any premises that violates any Township code or ordinance shall not be eligible for a short-term rental license until such violation is corrected in a manner acceptable to the Township.
C.
License renewal. A short-term rental license shall be renewed annually and at any time when any of the conditions of the rental which are governed by this article are changed.
D.
Separate licenses. A separate license is required for each short-term rental; for twin dwelling units, townhouses, row houses or apartments, a separate license shall be required for each dwelling unit being rented pursuant to the definition of "short-term rental."
E.
Issuance to owner. The license shall be issued only to the owner of the short-term rental.
F.
Forms and procedures. The enforcement officer is authorized to prescribe forms and procedures for the processing of licenses under this article.
G.
Two-family/multifamily short-term rentals. No building shall be used as a short-term rental that has two or more dwelling units unless said building has been approved by the Township as a twin dwelling, townhouse, row house or apartment as defined in Chapter 240, Zoning, of the Code. If such approval has been granted by the Township and one or more of the dwelling units, but not necessarily all, are being rented as set forth in the definition of "short-term rental," then the requirements of this article shall apply to such dwelling unit or units being rented.
H.
Inspection authorization. The owner, by making application for a short-term rental license and/or accepting issuance of such a license grants permission for all inspections authorized by § 175-13.
I.
License not transferable.
(1)
The license issued to an owner pursuant to this article is personal to the owner identified in the application and does not run with the property. If the ownership of the property changes, either directly by sale or deed transfer, or indirectly by death, change in ownership of the entity owning the property, sheriff sale or court order, the new owner must apply for a license under the provisions of this article prior to renting the property as a short-term rental.
[Amended 12-5-2022 by Ord. No. 2022-2]
(2)
If an owner has been convicted of a violation of this article (hereinafter the "violating owner"), or if a violating owner's license has been revoked by the Township, then a transfer of the property by the violating owner to one or more family members, or to an entity owned by the violating owner, or such violating owner's family members, or an entity in which either the owner or the owner's family members have any ownership interest, then that new owner shall be subject to the violations and penalties imposed upon the violating owner.
Each owner of a short-term rental shall designate a person, property manager or agent as a contact person who has access and authority to assume management of the short-term rental and take remedial measures. The contact person must be accessible by telephone 24 hours a day and must be able and willing to come to and be present at the short-term rental within one hour following notification to address any issue that is not capable of being addressed by telephone, and be able to act as legal agent for the owner. An owner of a short-term rental may designate himself/herself as the contact person. The contact person shall respond to the enforcement officer within one hour after being notified by the enforcement officer or other Township official of the existence of a violation of this article or any disturbance requiring immediate remedy or abatement. If the contact person is not the owner, the contact person shall immediately advise the owner of any notification of a violation.
A.
Application required; information. An application for a short-term rental license shall be filed with the designated Township official and a license issued prior to the use of the property as a short-term rental, except for an existing short-term rental use which shall apply for a license within six months of the effective date of this article. License applications for properties presently used as short-term rentals shall be filed within six months of the effective date of this article. In the event an existing short-term rental has been booked in advance of the enactment of this article, the owner/applicant may request an extended grace period for compliance with this article, subject to providing the Township with acceptable proof of the advanced bookings at the time of the application. All applications shall contain the following information:
(1)
The name, address, telephone number and email address of the owner of the short-term rental for which the license is being applied for. If the owner is the contact person, then the owner shall provide a twenty-four-hour telephone number.
(2)
The name, address, email address, and twenty-four-hour telephone number of the contact person, if the owner is not the contact person.
(3)
A photograph of the short-term rental taken from the roadside; the image is to include the street address of the short-term rental in conformance with the signage requirements in Chapter 148, Numbering of Buildings and Naming Streets; and, a copy of the deed to the short-term rental.
[Amended 12-5-2022 by Ord. No. 2022-2]
(4)
The marketing entity identification number for the short-term rental.
(5)
A floor plan of the short-term rental drawn to scale.
(6)
Acknowledgment that all designated bedrooms contain a minimum of 70 square feet.
(7)
The number of bedrooms (each containing the required minimum of 70 square feet) and the maximum number of overnight occupants.
(8)
If the building is a twin dwelling, townhouse, row house or apartment structure, the number of dwelling units and the number of dwelling units being used as a short-term rental.
(9)
A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.
(10)
The location, type, approximate age and capacity of the sewage disposal system. The owner of the property shall supply the Township with an evaluation from a pumper/hauler certifying the sewage disposal system is properly functioning as intended, and proof that the tank was pumped by a pumper/hauler within at least three years prior to the date of the application for a short-term rental license, or a renewal thereof.
(11)
Acknowledgment that the owner or contact person, if different than the owner, have read all regulations pertaining to the operation of the short-term rental.
(12)
Acknowledgment that the owner or contact person will post and maintain the short-term rental with the notice required in § 175-11A(13).
(13)
Acknowledgment that the owner or contact person will post and maintain at the short-term rental the 911 emergency address sign in accordance with applicable requirements.
(14)
As part of the application for renewal of a short-term rental license, the owner/applicant shall provide proof that there is no outstanding and unpaid Carbon County Hotel Room Excise tax or Pennsylvania sales tax for the immediately preceding year.
(16)
Other information the Township and/or enforcement officer deems reasonably necessary to administer this article.
B.
Term of license. Any short-term rental license is good for a period not to exceed one year from the date of issuance and must be renewed annually.
C.
Inspection; fee. If the information supplied by the owner on the application for a short-term rental license or any renewal thereof is not consistent with Township records or in order to verify the information supplied by the property owner on the application for a short-term rental license or any renewal thereof, an inspection may be required prior to or after the issuance of the short-term rental license or any renewal thereof. An inspection fee established by resolution of the Board of Supervisors shall be charged for any inspection deemed necessary by the Township.
[Amended 12-5-2022 by Ord. No. 2022-2]
A.
Application fee. An application for a short-term rental license shall be accompanied by an initial fee established by resolution of the Board of Supervisors.
B.
Renewal fee. An annual renewal fee shall be established by resolution of the Board of Supervisors that license holders shall pay when renewing their license issued pursuant to this article. Failure to pay the renewal fee on or before the one-year anniversary date of the issuance of the license, or on or before that same date each year thereafter, will result in the assessment of a fee twice the amount of the normal renewal fee. If the renewal fee is not paid within 90 days of the date it is due, the license shall be null and void and application for a new license, not a renewal, shall be required thereafter prior to renting the subject short-term rental. Notwithstanding anything in the foregoing to the contrary, it shall be a violation of this article to use or operate a short-term rental without a current valid license issued pursuant to this article.
[Amended 12-5-2022 by Ord. No. 2022-2]
C.
Nonrefundable. Application fees and renewal fees are nonrefundable.
A.
Standards. All short-term rental licenses issued pursuant to this article are subject to the following standards:
(1)
The owner shall, by written agreement, limit overnight occupancy of the short-term rental to a number of persons not to exceed an average of two persons per bedroom (i.e., number of occupants/number of bedrooms-average) plus four additional persons per residence. For the purpose of this Subsection A(1), children less than two years old shall not count towards the limit of overnight occupants. However, in advertising or marketing the occupancy of a short-term rental, the maximum stated occupancy shall not exceed an average of two persons per bedroom (i.e., number of occupants/number of bedrooms-average) plus four additional persons per residence (see § 175-14).
[Amended 12-5-2022 by Ord. No. 2022-2]
(2)
The maximum number of day guests allowed at any one time shall be 75% of the maximum overnight occupancy of the short-term rental.
(3)
The number of bedrooms permitted for a short-term rental shall not exceed the number of bedrooms approved for the dwelling unit on the sewage permit issued for such property. Where there is no sewage permit on record, the short-term rental shall be limited to three bedrooms unless proof is provided to the Township Sewage Enforcement Officer that the sewage disposal system is adequate to handle additional flows and the Township Sewage Enforcement Officer approves the sewage disposal system for the number of bedrooms in excess of three. If a sewage disposal system malfunction occurs, the use of the dwelling unit as a short-term rental shall be discontinued until the malfunction is corrected in accordance with Township and Pennsylvania Department of Environmental Protection requirements.
[Amended 12-5-2022 by Ord. No. 2022-2]
(4)
In no instance shall the existing number of bedrooms be increased without proper Township (and DEP, if required) approval being obtained.
(5)
The owner shall, by written agreement, limit the number of all vehicles of overnight occupants and day guests to the number designated in the short-term rental license, with the number of all vehicles not to exceed the number of designated on-site parking spaces.
(a)
The number and location of all parking for overnight guests and day guests shall be designated in the license and shall be located on the owner's property and not in any private, community or public right-of-way.
(b)
A minimum of one parking space per bedroom shall be provided. The required number of parking spaces may include spaces in a garage which can accommodate vehicles.
(c)
All parking spaces shall be improved to a mud-free condition with paving, stone or similar material approved by the Township and shall count as part of the maximum lot coverage established by Chapter 240, Zoning, of the Code.
(d)
Each vehicle parking space shall be a rectangle with a minimum width of nine feet and a minimum length of 18 feet and adequate aisle width shall be provided to facilitate access and use of the spaces.
(e)
If the short-term rental is accessed directly by a Township or state road, all parking spaces shall be accessed from a driveway serving the short-term rental and not directly from the Township or state road.
(6)
The owner shall use best efforts to ensure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this article or any Township ordinance or state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws regarding their occupancy. It is not intended that the owner or contact person act as an enforcement officer or place himself or herself in harm's way. Notwithstanding the owner's use of best efforts, unreasonable noise, disturbances or disorderly conduct shall be a violation of this article.
[Amended 12-5-2022 by Ord. No. 2022-2]
(7)
The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this article or other Township ordinances or state laws pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests and/or future occupants or guests.
(8)
Any lights used for exterior illumination shall direct light away from adjoining properties. Lighting shall be pointed/shielded downward to minimize upward glare.
(9)
Occupancy of recreational vehicles, camper trailers and tents shall not be permitted. Children of the occupants of the short-term rental under the age of 13 are permitted to "camp out" in a tent on the premises.
[Amended 12-5-2022 by Ord. No. 2022-2]
(10)
The use of open fires, fire pits, charcoal-burning grills or other devices (as applicable) shall be the responsibility of the owner or contact person and shall comply with Chapter 75, Burning, Open, of this Code (Ordinance No. 08-05, An Ordinance of the Township of Penn Forest Restricting Fires and Open Burning; and Prescribing Penalties for Violations). All open fires shall be extinguished by midnight.
(11)
The owner of the short-term rental shall post a copy of the license and a copy of the conditions set forth in this § 175-11 in a conspicuous place within the short-term rental.
(12)
Each short-term rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information. The occupants of a short-term rental shall make the notice required by this subsection available for inspection by the enforcement officer upon request:
(a)
The name of the contact person and a telephone number at which that party may be reached on a twenty-four-hour basis;
(b)
The maximum number of occupants permitted to stay in the short-term rental dwelling unit and the maximum number of day guests permitted at any one time;
(c)
The maximum number of all vehicles allowed to be parked on the property and the requirement that all renter/guest parking must be on the property and not in any private, community or public right-of-way;
(d)
The number and location of on-site parking spaces and the parking rules for seasonal snow removal and emergency vehicle access (if any);
(e)
Notice that trash and refuse shall not be left or stored on the exterior of the short-term rental; and, directions for the proper disposal of trash and refuse;
(f)
Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of this article; and
(g)
Notification that failure to conform to the parking and occupancy requirements for the short-term rental is a violation of this article subject to a citation and fines.
(13)
All short-term rentals shall comply with the following standard: It is unlawful for any person to disturb the peace of any neighborhood, person, or family by loud or unusual noises or by tumultuous and offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting.
(14)
A short-term rental shall comply with all applicable building codes and shall have the requisite number of functioning smoke and/or fire detectors, fire extinguishers, carbon monoxide monitors and other safety devices required under the applicable codes.
B.
Additional standards. The Board of Supervisors, at a duly convened public meeting, shall have the authority to impose additional standards applicable to short-term rentals as necessary to achieve the objectives of this article.
C.
License conditions. The enforcement officer shall have the authority to impose additional conditions on any license or renewal in the event of any prior violation of the conditions of the license or the provisions of this article.
A.
Appointment. The Board of Supervisors shall appoint one or more enforcement officers, who may be the Township Zoning Officer, Code Enforcement Officer or other authorized Township representative, or an individual, firm or agency contracted to conduct inspections, make reports and administer and enforce other parts of this article as determined by the Board of Supervisors.
B.
Duties. The administrative, inspection and enforcement responsibilities established by this article may be delegated to different enforcement officers appointed in accordance with § 175-12A.
C.
Consultation. The enforcement officer, with the authorization of the Board of Supervisors, may engage the services of competent engineers or other Township consultants to determine the nature and extent of any violation.
A.
Inspection. All places and premises in Penn Forest Township used as a short-term rental shall be subject to inspection by the enforcement officer or other authorized Township representative to verify application, licensing or operating requirements or if there is reason to believe that any provision of this article is being violated.
B.
Interference. Provided the short-term rental dwelling unit is accessed in accordance with this § 175-13, it shall be unlawful for any person to hinder, delay, resist or prevent the enforcement officer from having full access to the short-term rental and the premises on which it is located.
[Amended 12-5-2022 by Ord. No. 2022-2]
A.
The following shall be a violation of this article:
(1)
Advertising or marketing the occupancy of a short-term rental for a number of occupants which exceeds an average of two persons per bedroom (i.e., number of occupants/number of bedrooms-average) plus four additional persons per residence [see § 175-11A(1)].
[Amended 12-5-2022 by Ord. No. 2022-2]
(2)
Marketing or advertising of the short-term rental for a number of bedrooms which exceeds the maximum number of bedrooms permitted by this article;
(3)
Marketing or advertising a short-term rental without having first obtained a short-term rental license pursuant to this article;
(4)
Failure to include the short-term rental license number or property address of the short-term rental unit in any advertisement; or
(5)
Marketing or advertising a short-term rental unit outside the permitted scope of the short-term rental license issued under this article.
B.
The owner or contact person shall provide to the enforcement officer a copy of all marketing/advertisements relating to the short-term rental at the time of license application and/or renewal.
A.
Violation in progress. Upon receipt of a complaint of a violation in progress and if the complainant's name and address is provided, the enforcement officer shall immediately notify the owner and/or the contact person of the complaint and may thereafter investigate the matter. If the enforcement officer believes a crime to be in progress, he/she shall notify the appropriate police department/agency. The Township may proceed with a violation ticket if the Township enforcement officer, police officer and/or other authorized Township representative determines a violation of this article has occurred.
[Amended 12-5-2022 by Ord. No. 2022-2]
B.
Violation preceding complaint. Upon receipt of a complaint of a violation which occurred prior to the date of the complaint, the enforcement officer shall not be obligated to proceed with any action to determine if a violation of this article exists. However, the enforcement officer may, at his/her sole discretion, proceed with an investigation into the complaint to determine if there is or was a violation of this article. The Township may proceed with a violation ticket if the Township enforcement officer, police officer and/or other authorized Township representative determines a violation of this article has occurred.
[Amended 12-5-2022 by Ord. No. 2022-2]
C.
Confidentiality. The enforcement officer shall make a reasonable effort to maintain the confidentiality of the name and address of the person registering the complaint unless otherwise required by law to release such information.
D.
False reports. Any person who reports an alleged violation of this article to an Enforcement Officer knowing that it did not occur shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 together with costs, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Separate offense. Each day of a violation shall constitute a separate offense for which a separate fine may be imposed.
[Added 12-5-2022 by Ord. No. 2022-2]
A.
Service of notice. If it appears to the enforcement officer that a violation of this article has occurred, the enforcement officer shall initiate enforcement proceedings by preparing a written violation ticket to be served on the owner or contact person (if applicable) of the premises on which the violation exists or originates. The written violation ticket shall be served on the owner or contact person by one or more of the following methods:
[Amended 12-5-2022 by Ord. No. 2022-2]
(1)
Personal delivery to either the owner or the contact person;
(2)
Fixing a copy to the door of the building on the premises of the violation;
(3)
Certified mail to the owner or the contact person to the address on the license application (service to be complete upon mailing);
(4)
Email to the owner or the contact person to the email address on the license application, together with first-class mail to the owner or the contact person (whoever the email is sent to) to the address on the license application (service to be complete upon first-class mailing); or
(5)
Other means of legal service deemed appropriate by the Township and recognized by law.
B.
Content of violation ticket. The violation ticket shall contain:
[Amended 12-5-2022 by Ord. No. 2022-2]
(1)
The conditions which constitute the violation;
(2)
What section or sections of this article have been violated;
(3)
The amount that must be paid to avoid criminal proceedings and the time within which payment must be made; and
(4)
The amount of fines and penalties if payment is not made within the stated time period.
[Amended 12-5-2022 by Ord. No. 2022-2]
A.
For the first violation of this article within a twelve-month period, a violation ticket shall be issued in the amount of $100.
B.
For the second violation of this article within a twelve-month period, a violation ticket shall be issued in the amount of $250.
C.
For the third violation of this article within a twelve-month period, a violation ticket shall be issued in the amount of $500.
D.
For each offense subsequent to the three offenses of this article within a twelve-month period, amounts of violation tickets shall increase in the amount of $100, accumulative for each subsequent offense.
E.
Any persons who receive a violation ticket for any violation of this article may, within 15 days after receipt of the violation ticket, admit the violation, waive a hearing, and pay the amount stated in the violation ticket in full satisfaction.
A.
Filing of appeal. Appeals of an action under this article to deny any application for, or to renew, a short-term rental license, or to revoke a short-term rental license, shall be filed with the Board of Supervisors within 30 days of the date of the denial of application or revocation of license. Appeals shall be processed as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms prescribed by the Township, and shall be accompanied by a fee, the amount of which shall be established by resolution of the Township Board of Supervisors, which may include notice and advertising costs, and necessary administrative overhead in relation to the hearing.
(2)
Each appeal shall fully set forth the determination appealed from, a detailed reason or basis for the appeal, the relevant sections of this article, and the relief sought.
B.
Hearings. The Board of Supervisors shall conduct hearings and make decisions pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353), known as the "Local Agency Law,"[1] and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant and to any person who has made timely request for same. Written notices shall be given not less than seven days prior to the hearing.
(2)
The hearing shall be held within 60 days from the date the appeal is filed, unless the appellant has agreed in writing to an extension of time.
(3)
The hearing shall be conducted by the Board of Supervisors. The decision or, where no decision is called for, the findings, shall be in writing rendered by the Board of Supervisors within 45 days after the conclusion of the hearing, unless the appellant has agreed in writing to an extension of time, and shall be communicated to the appellant and any other parties who have entered their written appearance and requested a copy of the decisions, at the addresses provided by them either by personal delivery or by United States first-class mail postage prepaid.
(4)
The Chairman or Acting Chairman of the Board of Supervisors presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by parties.
(5)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(7)
The Board of Supervisors may, but is not required to, make a stenographic record of the proceedings. In the event a stenographic record of the proceedings is not provided by the Board of Supervisors, a stenographic record shall be made and kept at the request of any party agreeing to pay the costs thereof. Any party or other person desiring a copy of the stenographic record shall order the copy directly from the stenographer who prepared the same and shall pay the cost imposed by the stenographer for the copy directly to the stenographer.
(8)
The Board of Supervisors shall not communicate, directly or indirectly, with any party or any party's representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or any party's representative unless all parties are given opportunity to be present.
[Added 12-5-2022 by Ord. No. 2022-2]
A.
If the person in receipt of a $100 violation ticket does not pay the amount stated in the violation ticket within 15 days after receipt of the violation ticket, the person will be subject to a penalty of $50 for days 16 through 30.
B.
If the person in receipt of a $250 violation ticket does not pay the amount stated in the violation ticket within 15 days after receipt of the violation ticket, the person will be subject to a penalty of $100 for days 16 through 30.
C.
If the person in receipt of a $500, or higher, violation ticket does not pay the amount stated in the violation ticket within 15 days after receipt of the violation ticket, the person will be subject to a penalty of $250 for days 16 through 30.
D.
Failure of the person to make payment and waive a hearing within 30 days of receipt of a violation ticket shall make the person subject to a citation for the violation.
E.
For the second and subsequent violations of this article, whether or not it is the same section of this article which is violated, the enforcement officer may issue a citation rather than a violation ticket.
[Added 12-5-2022 by Ord. No. 2022-2]
Any person who has violated or permitted the violation of any provision of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000 per day per violation, together with costs, including reasonable attorney fees. Each day of a violation shall constitute a separate offense for which a summary conviction may be sought. All fines, judgments, administrative, enforcement, security firm or police response, and other costs, interest and reasonable attorney fees collected for the violation of this article, shall be paid over to the Township.
[Added 12-5-2022 by Ord. No. 2022-2]
The Township shall also have the right to seek any other appropriate legal or equitable remedies, including injunctive relief, for violations of this article.
[Added 12-5-2022 by Ord. No. 2022-2]
If an owner is convicted of three violations which occurred in any rolling twelve-calendar-month period, then the license shall be revoked by the Township for one year and the short-term rental must be discontinued while the license is revoked. The conviction of a fourth or more violations shall be cause for permanent revocation of the license. Any violation of the PA Sewage Facilities Act[1] and applicable regulations may result in immediate license revocation until the violation is corrected.
[Added 12-5-2022 by Ord. No. 2022-2]
The Board of Supervisors may, in its sole discretion, approve the reinstatement of a license, if satisfied that there has been an appropriate change of ownership and/or that the cause of the violations has been corrected and that all other requirements of this article have been met.