[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitemarsh 4-13-2023 by Ord. No. 1027.[1] Amendments noted where applicable.]
Attachment 1 - Exhibit A Required Addendum to Residential Rental Agreement
Attachment 2 - Exhibit B Checklist of items to be InspectedAttachment 3 - Exhibit C Residential Rental License Registration And Inspection Program
Attachment 2 - Exhibit B Checklist of items to be InspectedAttachment 3 - Exhibit C Residential Rental License Registration And Inspection Program[1]
Editor's Note: This ordinance also repealed former Art. I,
Notification of Occupancy, adopted 4-14-1983 by Ord. No. 461, as
amended 12-8-1988 by Ord. No. 565, and Art. II, Licensing and Inspection,
adopted 12-17-2009 by Ord. No. 886.
A.
The purpose of this Chapter shall be to protect and promote the public
health, safety and welfare of the Township's citizens and emergency
services responders, to establish rights and obligations of owners
and occupants relating to residential rental properties in the Township
and to encourage owners and occupants to maintain and improve the
quality of life and quality of rental housing within the Township.
To accomplish such goals, this Chapter provides for the systematic
registration, licensing, and inspection of residential rental properties
within the Township, and penalties, to ensure said properties comply
with applicable Township-adopted building, property maintenance, fire,
and other codes and regulations.
B.
In considering the adoption of this Chapter, the Township makes the
following findings:
(1)
There is a growing concern in the community with the appearance and
physical condition of many residential rental properties;
(2)
There is a perception and appearance of greater incidence of problems
with the maintenance and upkeep of residential properties which are
not owner-occupied as compared to those that are owner-occupied;
(3)
Violations of maintenance codes are generally less severe and more
quickly corrected at owner-occupied properties as compared to renter-occupied
residential rental properties;
(4)
A residential rental inspection program can avoid life-threatening
problems, such as lack of functioning smoke detectors, faulty mechanical
equipment and inadequate or unsafe electrical equipment;
(5)
Township residents who rent a home deserve the same protections as
Township residents who own a home;
(6)
The Township is concerned with the condition of a property when emergency
services respond, and for the safety of such emergency responders
and general safety of the occupants;
(7)
The Township desires to account for the number of occupied residential
rental units and properties to further the accountability and safety
of the property occupants.
The following words and phrases, as used in this article, shall
have the meanings ascribed to them in this section, unless the context
indicates a different meaning. Where terms are not defined in this
section, such terms shall have ordinarily accepted meanings by use
of definitions provided in the codes and standards as contained in
the Code of the Township of Whitemarsh.
A person who shall have charge, care or control of any structure
as owner, or agent of the property owner, or as executor, executrix,
administrator, trustee or guardian of the estate of the property owner.
Any such person representing the property owner shall be bound to
comply with the provisions of this article to the same extent as if
that person were the property owner.
The property owner, buyer, or agent thereof, including but
not limited to a realtor, broker, etc., who shall have control, authority
and responsibility for the orderly processing of any real property
regulated by this article.
Any structure occupied or intended for supporting or sheltering
any occupancy. For application of this article, each portion of a
building, which is completely separated from other portions by firewalls
complying with the Whitemarsh Township Building Code[1] or completely detached from any other building shall be
considered as a separate building.
The Department of Building and Code of the Township of Whitemarsh
charged with the enforcement of the Code of the Township.
A change of occupant occurs when there is a change in the
identities of any person constituting the occupant of the dwelling
unit on the residential rental license or a change in the number of
persons occupying the dwelling unit.
Any code or ordinance adopted, enacted and/or in effect in
the Township of Whitemarsh concerning fitness for habitation or the
construction, maintenance, operation, occupancy, use or appearance
of any buildings, structures, and/or portions of lots of ground or
structures regulated by this article.
The person designated by the Township charged with the administration
and enforcement of this article.
Space which is not a part of the rental unit and which is
shared with other occupants of a rental unit, whether they reside
in the rental unit or not. Common areas shall be considered part of
the premises for the purpose of this article.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A person on the premises of a regulated rental unit with
the actual and implied consent of an occupant of said regulated rental
unit.
One who grants a lease or rents real estate to another for
dwelling or commercial purposes.
Regulated rental unit which the owner and/or landlord rents
or leases for a term greater than one month.
A building or portion thereof that contains more than one
dwelling unit.
Any person and/or organization duly appointed by the municipality
with the responsibility of enforcing this Ordinance.
Any natural person, 18 years of age or older, partnership,
association, firm or corporation. The singular shall include the plural,
and the masculine shall include the feminine and the neuter.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the Commonwealth of Pennsylvania, County of Montgomery
or Whitemarsh Township 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.
Any improved structure or portion of a structure within the
Township which is not an owner-occupied dwelling unit and or exempted
by this article from needing a residential rental license. Regulated
rental units include but are not limited to the following: any living
quarters or accommodations in any hotel, apartment hotel, motel, resort
motel, apartment, apartment motel, rooming house, mobile home, mobile
home park, mobile home space, recreational vehicle park, townhome,
single-family detached dwelling or condominium and for which the owner
and/or landlord receives any value or consideration, including but
not limited to money, or the exchange of goods or services, regardless
of the relationship between lessor and lessee. A college fraternity
or sorority used for residential purposes shall be considered regulated
rental units unless it is within a dormitory that is owned by a college.
"Regulated rental unit" shall include both long-term and short-term
regulated rental units.
A legal agreement between the property owner and tenant,
embodying the terms and conditions relating to the use and occupancy
of a rental unit.
Includes but is not limited to all single-family dwelling
units, multiple-family units, apartments, townhouses, mobile home
sites.
A premises, property or portion thereof that is under a rental
agreement, and/or contains one or more rental units.
Any dwelling, structure, building or portion thereof that
is occupied or used under a rental agreement.
A document issued by the Township to the property owner of
a rental unit pursuant to this article and required for the lawful
rental and occupancy of any rental property.
A living unit that does not meet the definition of a dwelling
unit and that is not within a City-permitted hotel or bed-and-breakfast
inn.
Regulated rental unit which the owner and/or landlord rents
or leases for a term not exceeding one month.
A building on a lot designed and occupied exclusively as
a residence for one family.
Any individual or individuals who are a party to a legal
agreement, such as a rental agreement, with the property owner, pursuant
to which permission to use a dwelling, structure, building, ground
or portion thereof, is granted by the property owner to the tenant.
Tenant includes other individuals who, due to a relationship with
the tenant, shall share such use of the rental unit as permitted by
the rental agreement, and are party to a separate rental agreement.
The Township of Whitemarsh, Montgomery County, Pennsylvania.
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
a formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purpose of this Chapter. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sibling, grandchild, great-grandchild, grandparents,
great grandparents, aunt, uncle, or any of these same relationships
in a "step" or "in-law" situation.
The Board of Appeals shall be the Building Code Appeals Board
appointed by the Township.
A.
Each property owner shall apply for, obtain and maintain in good
standing a residential rental license for each unit occupied. It shall
be unlawful for any person to occupy, allow to be occupied, advertise
for occupancy, or solicit occupants of any residential rental unit
within the Township without a residential rental license. The property
owner or agent shall register each residential rental unit with the
Township and shall pay the required registration fee in accordance
with the Township's Fee Schedule. Fees shall not be prorated
for any reason.
(1)
The following information shall be submitted for each residential
rental unit:
(a)
Name, address and telephone number of the property owner.
(b)
Name, address and telephone number of the operator, responsible
agent or manager.
(c)
Name, address and telephone number of any person authorized
to make or order made repairs or services for the residential rental
unit. (If such person is different from that of the property owner,
operator, responsible agent or manager.)
(d)
Name of person or entity responsible for the maintenance and
upkeep of the property.
(e)
Street address and unit number of the residential rental unit.
(f)
Number and types of residential rental units within the rental
property.
(g)
A list of tenants within the residential rental unit with contact
information.
(2)
A property owner or agent shall notify the Township in writing within
30 calendar days of any change to the above information.
B.
Owners of a property possessing one or more residential rental units
shall be required to apply for and obtain a residential rental license
for each residential rental unit located on the property that is being
leased to a tenant, and/or occupied by an occupant.
C.
For a rooming house, a single residential rental license shall be
required for all units within the rooming house building.
D.
All applications for a residential rental license shall be made on
forms and applications provided by the Township.
E.
The Township may not issue a residential rental license until such
time as the owner has paid all fines, costs, or fees arising from
administration or enforcement of this Chapter or while any citations
issued in relation to the residential rental unit or property are
pending.
F.
Exemptions. The following shall not be considered residential rental
units for the purpose of this Chapter:
(1)
Owner-occupied dwelling units.
(2)
Hotel units.
(3)
Hospitals and state-licensed nursing homes and personal care homes.
(4)
Bed-and-breakfast homes.
(5)
One dwelling unit that is on the same lot as a second dwelling unit,
provided each unit is occupied by the property owner and by persons
who are related to the property owner.
(6)
On-campus dormitories owned by an accredited college or university.
(7)
Dwelling units that are classified and occupied as in-law suites,
and which have been previously approved by the Township.
(8)
Dwelling unit that is occupied by an immediate family member. An
immediate family member is a parent, grandparent, son, daughter, stepson,
stepdaughter and grandchild.
A.
Each residential rental license shall be valid for a period of two
years from the date of issuance.
B.
There shall be a license fee for the initial license and a renewal
fee every two years thereafter. The fee shall be based upon the number
of residential rental units within the building or complex. There
shall also be a license transfer fee and a license reinstatement fee,
as applicable. All fees shall be established through resolution from
time to time by the Board of Supervisors.
C.
The property owner shall pay all Fees as set forth by Township Fee
Schedule.
A.
It shall be the duty of every property owner, operator, responsible
agent or manager of each property to submit to the Township a list
of occupants, consisting of the names and apartment numbers/addresses
of all persons residing or occupying said unit for residential purposes.
The list shall be submitted by January 31 of each year and shall be
updated quarterly thereafter.
B.
Every property owner, operator, responsible agent or manager who
controls property within the Township that is leased, granted or rented
as a dwelling is hereby required to notify the Township of any change
in occupancy of any residential rental unit. Such notification shall
be submitted to the Township within 30 days of the change in occupancy
of any residential rental unit.
C.
The operator, responsible agent or manager shall be authorized to
accept service of process on behalf of the property owner.
D.
It shall be the duty of every property owner, operator, responsible
agent or manager to keep and maintain all residential rental units
in compliance with all applicable codes and provisions of all applicable
state laws and regulations and all Township ordinances, and to keep
said units in good and safe condition.
E.
It shall be unlawful for any person, as property owner, operator,
responsible agent or manager to conduct or operate, cause to rent,
or permit the occupancy of, any residential rental unit within the
Township without:
F.
The property owner or manager shall receive notices and correspondence,
including service of process from the Township; to arrange for the
inspection of the residential rental unit(s) in accordance with this
Chapter or in the event that the Municipal Enforcement Officer/Code
Enforcement Officer has identified a need for inspection due to alleged
violations at that residential rental unit(s); to do or arrange for
the performance necessary to insure continued compliance of the residential
rental unit(s) with the current codes and other ordinances in effect
in the Township.
G.
It shall be the responsibility of every property owner or agent to
employ policies and to manage the residential rental units under his/her
control in compliance with the provisions of this chapter, codes,
ordinances and applicable Laws of the Commonwealth of Pennsylvania.
H.
The property owner shall maintain acceptable physical conditions
in common areas and the owner shall be required to ensure that common
areas and the outside premises are in compliance with this chapter,
codes, ordinances and applicable Laws of the Commonwealth of Pennsylvania.
I.
Each property owner of a residential rental unit shall notify the
Township in writing within 30 days after any change in ownership of
the premises or of the number of residential rental units on the premises,
and to submit new contact information for the new owner or manager.
J.
The property owner shall notify the Township in writing within 30
days after the changing of a unit from owner-occupied to being a residential
rental unit for purposes of this chapter.
K.
Owners of all properties possessing residential rental units created
after the effective date of this Chapter shall register said units
with the Township within 30 days of any residential rental unit being
leased to a tenant, and/or occupied by an occupant.
L.
The property owner, operator, responsible agent or manager shall
accompany the Municipal Enforcement Officer/Code Enforcement Officer
or other designated representative for all inspections at the property.
M.
The property owner shall permit inspections of all units, during
normal business hours. The property owner, operator, responsible agent
or manager shall notify residents prior to the date of the inspection.
N.
If any residential rental unit is owned by more than one person,
in any form of joint tenancy, as a partnership, or otherwise, such
person shall be jointly and severally responsible for the duties imposed
under the terms of this Chapter, and shall be separately subject to
penalties for the violation of this Chapter.
O.
The property owner shall provide a minimum of two trash containers
with lids for each residential rental unit for proper disposal of
trash. Properties providing trash dumpsters shall be exempt from this
requirement.
P.
The property owner shall be responsible for snow and ice removal
and grass cutting at the property.
Q.
The existence of an agreement between the property owner and a tenant
shall not relieve the property owner from the responsibility in meeting
any requirement.
R.
Buildings that contain locking entry doors (security doors) at entry
points to the building shall include a rapid key access system as
may be approved by the Fire Marshal.
S.
Buildings containing a fire-suppression system shall have the system
inspected and certified by an approved and qualified fire protection
system contractor who is trained and experienced in the maintenance
and inspection of fire-suppression systems with a copy of the certification
to be provided to the Municipality on an annual basis during the Fire
and Life Safety Inspection performed by the Township's Fire Marshal's
Office. Inspection and maintenance shall be in accordance with the
appropriate NFPA Standard.
T.
Buildings containing a fire detection and/or alarm system monitored
by a central station shall have the system inspected and certified
by an approved and qualified monitoring system contractor who is trained
and experienced in the maintenance and inspection of monitoring systems
with a copy of the certification to be provided to the municipality
on an annual basis during the Fire and Life Safety Inspection performed
by the Township's Fire Marshal's Office. Inspection and
maintenance shall be in accordance with the appropriate NFPA Standard.
A.
A regulated rental unit shall not be occupied by more than three
unrelated persons.
B.
Occupants shall collect and dispose of all rubbish, garbage and other
waste in a clean and sanitary manner and comply with all waste and
recycling requirements.
C.
Occupants shall not engage in, nor tolerate or permit guests on the
premises to engage in, any disruptive conduct or illegal activity.
D.
Occupants shall permit inspections by the Township during normal
business hours after receiving notice from the property owner, operator,
responsible agent or manager.
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Failure to satisfy any provision above shall be considered a
violation of this Chapter.
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A.
The interior and exterior of each residential rental unit shall be
subject to inspection by the Municipal Enforcement Official/Code Enforcement
Officer and/or duly authorized agent as set forth in this Chapter.
B.
The Municipal Enforcement Official/Code Enforcement Officer and/or
duly authorized agent shall inspect the Residential Rental Unit in
accordance with the following:
C.
This Chapter shall not be construed as to limit the Municipal Enforcement
Official/Code Enforcement Officer's authority to conduct inspections
or enforcement actions under any other Township code or ordinance,
nor shall it be construed to limit the Township's ability to
require that any property be made available for inspection whenever
there is probable cause that a violation of the Township codes or
ordinances may be present.
D.
For the purpose of inspection in accordance with this Chapter, if
access to any premises, common area or residential rental unit is
denied to the Municipal Enforcement Official/Code Enforcement Officer,
or if access to a residential rental unit or a unit or space reasonably
believed to be occupied in violation of this Chapter cannot be obtained
for any reason, the Municipal Enforcement Official/Code Enforcement
Officer may apply to the appropriate authority for an administrative
search warrant.
E.
The Municipal Enforcement Official/Code Enforcement Officer shall
provide notice to the owner of violations after the completion of
an inspection of a residential rental unit.
F.
The property owner shall be permitted a number of days, as determined
by the Municipal Enforcement Official/Code Enforcement Officer, from
the date of the inspection to cure all violations. The only exceptions
to this cure period are as follows:
(1)
In the event the Municipal Enforcement Official/Code Enforcement
Officer determines a residential rental unit is unfit for human habitation,
and/or that the continued occupation of the residential rental unit
poses an imminent threat to the health, safety and welfare of the
occupants or to the neighboring occupants/owners, the Municipal Enforcement
Official/Code Enforcement Officer shall order the unit to be vacated
immediately, and to remain vacated until conditions are corrected
to the satisfaction of the Municipal Enforcement Official/Code Enforcement
Officer.
(2)
For serious violations that do not require the property to be vacated,
the Municipal Enforcement Official/Code Enforcement Officer may require
said violations to be cured within 24 hours, or any other time period
as determined by the Municipal Enforcement Official/Code Enforcement
Officer.
(3)
For violations requiring more than 30 days to cure, the Municipal
Enforcement Official/Code Enforcement Officer may grant, at their
discretion, additional time to effect a cure, and this period shall
be provided to the property owner, operator, responsible agent or
manager.
G.
A tenant may at any time request an inspection of the rental property
in which he or she currently resides. A fee, as prescribed within
the Township Fee Schedule, for such an inspection shall be imposed
on the tenant only if the Municipal Enforcement Official/Code Enforcement
Officer finds, by a preponderance of the evidence, that the request
was made in bad faith.
H.
The Municipal Enforcement Official/Code Enforcement Officer shall
be authorized to require additional engineering or specialty inspections
and certifications by third-party experts, at property owner's
expense, for conditions that are beyond the scope of the Municipal
Enforcement Official/Code Enforcement Officer's expertise.
A.
The residential rental license for each residential rental unit shall
be renewed every two years.
B.
The Municipal Enforcement Official/Code Enforcement Officer may delay
and/or deny the renewal of a residential rental license if there are
outstanding violations of Township codes for that residential rental
unit or property that have not been corrected at the time of license
renewal.
C.
The Township may not renew a residential rental license until such
time as the owner has paid all fines, costs, or fees arising from
administration or enforcement of this Chapter or while any citations
issued in relation to the residential rental unit or property are
pending.
D.
If the outstanding violations are not a threat to the safety of occupants
or other members of the public, the Municipal Enforcement Official/Code
Enforcement Officer may issue a temporary residential rental license
for the residential rental unit and permit the current occupants to
continue to reside in the premises for a reasonable period, as established
by the Municipal Enforcement Official/Code Enforcement Officer. When
the violations are corrected, a residential rental license may be
issued.
A.
If violations to this Chapter or to any other Township Code are identified,
the Municipal Enforcement Official/Code Enforcement Officer may revoke
or suspend the license to rent a residential rental unit until the
violations have been corrected.
B.
In addition, any residential rental license may be revoked or suspended
at any time during the life of the license for the following reasons:
(1)
False or misleading information given or provided in connection with
the license application, renewal application or license transfer application.
(2)
Failure to pay any fee.
(3)
Failure to correct violations in the time period prescribed.
(4)
Violations committed or permitted by the property owner and/or the
property owner's designated agent, of any rules, codes, statutes
or ordinances relating to, pertaining to, or governing the license
and the residential rental property.
C.
If the residential rental license is suspended and the outstanding
violations are not a threat to the safety of occupants or other members
of the public, the Municipal Enforcement Official/Code Enforcement
Officer may permit the current occupants to continue to reside in
the premises for a reasonable period, as established by a Municipal
Enforcement Official/Code Enforcement Officer. When the violations
are corrected, the residential rental license may be reinstated.
D.
A revoked or suspended residential rental license may be reinstated
only after the Township determines that the circumstances leading
to the revocation or suspension have been remedied and a reinstatement
fee as set by Township Fee Schedule has been paid.
A.
Any person or persons, corporation, partnership or other entity whatsoever
violating any of the provisions of this Chapter shall, upon conviction,
be sentenced to pay a fine plus costs of prosecution, and, in default
of payment of such costs and prosecution, imprisonment for a term
not exceeding 30 days.
B.
Nothing in this article shall prevent the Township from acting under
any applicable rule, standard, statute or ordinance for violations
thereof or to seek either injunctive relief or criminal prosecution
for such violations as therein provided. Nothing contained in this
article shall prevent the Township from seeking injunctive relief
against a property owner or designated agent who fails to comply with
the terms and conditions of this article on registration and licensing,
including an order prohibiting the occupancy of any rental unit until
violations of this article have been remedied by the property owner
or designated agent.
A.
Any person affected by a decision, violation notice, report or order
of a Municipal Enforcement Official/Code Enforcement Officer under
this Ordinance shall have the right to appeal to the Whitemarsh Township
Rental License Program Board of Appeals.
B.
An application for appeal may be made when it is claimed that the
provisions of this article have been improperly applied or administered
or that factual errors were made by the Municipal Enforcement Official/Code
Enforcement Officer, or for such other grounds under this article
as the applicant may allege. A written application for appeal is required
to be filed within 30 days after the day the decision, report, notice
or order was received or served. A fee as identified within the Fee
Schedule shall be paid in advance by the person requesting the hearing
for each appeal to the Rental License Program Board of Appeals.
