[HISTORY: Adopted by the Council of the Municipality of Murrysville 12-6-2023 by Ord. No. 1076-23.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 219 but was renumbered to maintain the alphabetical organization of the Code.
This chapter shall be known as and may be cited as "The Municipality of Murrysville Short-Term Rental Ordinance."
A. 
The provisions of this chapter shall apply to all residential dwelling units and all existing premises within the Municipality of Murrysville. The owner of the subject property shall be responsible for compliance with the provisions of this chapter and the failure of renters, occupants, or guests to comply with the provisions of this chapter shall be deemed noncompliance by the owner.
B. 
This chapter shall not apply to a hotel/motel/inn, bed-and-breakfast, boarding house, or group home, as defined within the Zoning Ordinance.[1]
[1]
Editor's Note: See Chapter 220, Zoning.
C. 
Use is permitted in all zoning districts.
This chapter is not intended to, and does not, excuse any landowner from compliance with the Municipality of Murrysville Zoning Ordinance, as amended from time to time. Whenever possible, this chapter and Zoning Ordinance should be construed and interpreted as being consistent, and not in conflict.
For the purposes of this chapter, words and terms used herein shall be interpreted as follows:
BEDROOM
A room or space designated to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the building code) and in close proximity to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal everyday use such as a living room, den and sitting room or similar is not to be considered a bedroom.
DWELLING UNIT
One or more rooms, occupied or intended for occupancy, as separate living quarters by a single family maintaining a household, the members of which have unrestricted access to all other parts thereof, with cooking, sleeping, and sanitary facilities provided therein, for the exclusive use of that single family.
PERSON IN CHARGE
A person or agent with actual authority to represent the owner for purposes of contact and communication regarding the owner's short-term rental. A person in charge must reside or have an office within approximately 10 miles of the short-term rental property and be able to act as legal agent for the owner. The Municipality must be notified, in writing, within seven days if there is a change in the identity of the person in charge.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family dwelling rented for the purpose of overnight lodging for a period of 30 days or less. A short-term rental does not include accessory uses or structures on the premises and is subject to the performance standards of Article III, § 220-15 of the Municipality of Murrysville Zoning Ordinance. A singular short-term rental uses in excess of 30 days are prohibited.
SHORT-TERM RENTAL PERMIT
Permission granted by the Municipality to utilize a dwelling unit for short-term rental use.
No owner of any property in the Municipality of Murrysville shall operate a short-term rental in the Municipality of Murrysville without first obtaining and maintaining a short-term rental permit from the Zoning Officer. Operation of a short-term rental at any time without such short-term rental permit is a violation of this chapter. Permits are not transferrable or assignable to any new owner of the property.
A. 
Short-term rental permit applications shall contain all of the following information:
(1) 
The name, address, telephone number and email address of the owner and person in charge.
(2) 
The total number of bedrooms and maximum number of overnight guests.
(3) 
If the building is a multiunit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
(4) 
A diagram or photograph showing the location and number of on-site parking spaces.
(5) 
A copy of a current Pennsylvania sales and use tax permit.
(6) 
Signature(s) of the owner(s).
(7) 
Trespass waiver signed by the owner allowing access to the property for the Enforcement Officer and/or any law enforcement officer for the purpose of inspection to verify compliance with this chapter.
(8) 
Copy of the current recorded deed for the property establishing ownership.
(9) 
Each owner shall maintain at least $1,000,000 in general liability insurance, naming the Municipality of Murrysville as an additional insured on the short-term rentals for the full duration of their short-term rental permit term and provide proof of the same to the Municipality.
(10) 
If applicable, written notice to the homeowners' association and approval therefrom, indicating the intent to make application for and use the subject residential property for a short-term rental.
(11) 
Additional requirements as may be imposed by the Municipality's Chief Administrator.
B. 
A short-term rental permit shall be issued only to the owner of the short-term rental property.
(1) 
A separate permit shall be required and maintained for each dwelling unit being rented as a short-term rental.
(2) 
A short-term rental permit is effective for a period of one year, or until any of the conditions of the short-term rental which are governed by this chapter are changed, whichever shall come first. A short-term permit must be renewed annually and also when any of the conditions of the short-term rental which are governed by this chapter are changed.
(3) 
The Municipality will prescribe forms and procedures for the processing of permit applications under this chapter.
A. 
Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom plus two additional persons, or a maximum of 10 occupants, whichever is less.
B. 
The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 50% for the maximum overnight occupancy of the short-term rental.
C. 
Outdoor parking for overnight and day guests shall be limited to available parking spaces on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any public street, right-of-way or on any lawns or vegetated areas.
D. 
Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual, or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, quarreling, challenging to fight, fighting, or creating a dangerous or physically offensive condition.
E. 
The owner shall be responsible to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Murrysville Code or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy, including the terms, conditions and provisions of this chapter.
F. 
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 otherwise violated provisions of the Murrysville Code, state law or this chapter pertaining to noise or disorderly conduct, promptly take action to prevent a recurrence of such conduct by those occupants or guests.
G. 
Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located shall not be allowed. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
H. 
A short-term rental shall not have any outside appearance indicating a change or use from the surrounding residential uses.
I. 
Fireworks and floating lanterns are prohibited.
J. 
Subleasing all or a portion of the dwelling unit is prohibited.
K. 
All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:
(1) 
The name of the owner of the unit, and a telephone number at which the owner and the person in charge can be reached on a twenty-four-hour basis.
(2) 
The 911 address of the property.
(3) 
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
(4) 
The maximum number of all vehicles allowed to be on the property and the requirement that all guest parking must be parked in the available parking spaces on the property and not in or along any private, community or public street, right-of-way or on any lawn or vegetated area on the property.
(5) 
The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property.
(6) 
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Murrysville Code, including parking and occupancy limits.
(7) 
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Enforcement Officer upon request.
(8) 
Any other informational requirements that may be imposed by the Municipality's Chief Administrator.
L. 
All short-term rentals shall be equipped with the following:
(1) 
Smoke detectors in each bedroom;
(2) 
Smoke detectors outside each bedroom in common hallways;
(3) 
Smoke detectors on each floor;
(4) 
GFI outlets for outlets located within six feet of water source;
(5) 
Aluminum or metal exhaust from dryer;
(6) 
Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove;
(7) 
Carbon monoxide detector if garage is attached;
(8) 
Fire extinguisher in kitchen;
(9) 
Stairs (indoor and outdoor) in good condition;
(10) 
Swimming pools, hot tubs and spas must meet the barrier requirements as indicated in Appendix G of the 2018 International Residential Code; and
(11) 
Any other occupancy requirements which may be added by the Municipality's Chief Administrator.
M. 
Compliance with the requirements of this section shall be considered conditions of a short-term rental permit, the violation of which may result in a revocation of that permit by the Enforcement Officer.
A. 
Short-term rental fees, payable to the Municipality of Murrysville upon the filing of a short-term rental permit application, shall be in such amount as may be established by resolution duly adopted by the Council of Murrysville.
B. 
Any short-term rental permit is good for a period not to exceed one year from the date of issuance and must be renewed annually. Short-term rental permit renewal fees, payable to the Municipality of Murrysville upon the filing of a short-term rental permit renewal application, shall be in such amount as may be established by resolution duly adopted by the Council.
C. 
Short-term rental permit renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this chapter.
D. 
Verification that all applicable state, county, and local taxes have been paid shall be made before permit renewal is granted.
The administrator of this article shall be the Code Enforcement Officer as appointed by the Municipality of Murrysville
A. 
All short-term rentals shall be subject to inspections by the Code Enforcement Officer to verify application information, permit, permit renewal and/or operating requirements.
B. 
The issuance of a short-term rental permit is not a representation or warranty by the Municipality that the premises is lawful, safe, habitable, or in compliance with this chapter.
C. 
If there is a reason to believe that any provision of this chapter is being violated, the Council of the Municipality of Murrysville may or may cause, through an authorized representative of the Municipality, entry onto the premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located within the Municipality for ascertaining the existence of violations.
The marketing of a short-term rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this chapter, or which promotes any other activity which is prohibited by this chapter, shall be a violation of this chapter as outlined in § 194-7.
If it appears to an Enforcement Officer that a violation(s) of this chapter exists or has occurred, the Enforcement Officer shall send a written notice of violation(s) to the owner by personal delivery or by United States first class and certified mail. The enforcement notice shall identify the premises which is the subject of the violation(s), enumerate the conditions which constitute the violation(s), cite the specific sections of this chapter which are violated, indicate the action required to correct the violation(s), and provide a time frame (established by the Enforcement Officer based upon the nature of the violation(s)) to correct the violation(s).
In the interest of promoting the public health, safety, and welfare, and minimizing the burden on the Municipality, community services and impacts posed by short-term rentals, a violation(s) of any of the provisions of this chapter is declared to be a public nuisance.
A. 
This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation, or other entity who or which violates or permits a violation(s) of the provisions of this chapter shall upon conviction in a summary proceeding, pay a fine of not less than $600 nor more than $1,000 per violation, plus all court costs and reasonable attorney fees incurred by the Municipality of Murrysville in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that a violation(s) exists or continues shall constitute a separate violation(s). Further, the appropriate officers or agents of the Municipality of Murrysville are hereby authorized to seek equitable relief, including an injunction to enforce compliance with this chapter. All fines, penalties, costs and reasonable attorney fees collected for the violation(s) of this chapter shall be paid to the Municipality of Murrysville for its general use.
B. 
In addition to, but not in limitation of, the provisions of the immediately preceding Subsection A and § 194-13, the Enforcement Officer may either revoke, or deny an application to renew, a short-term rental permit for two repeated violations of this chapter in any rolling twelve-calendar-month period. The revocation or denial to renew a short-term rental permit shall continue for one year for the first set of two repeated violations and continue for two years for any subsequent sets of violations.
A. 
Appeals of a determination of the Code Enforcement Officer under this chapter to deny any application for, or to renew, a Short-term rental permit, or to revoke a short-term rental permit, shall be filed with the Council of the Municipality of Murrysville within 30 days of the date of the denial of application or revocation of permit. Appeal shall be processed as follows:
(1) 
All appeals shall be in writing and signed by the appellant on forms prescribed by the Municipality, and shall be accompanied by a fee, the amount of which shall be established by the Municipality, which may include notice and advertising costs, and necessary administrative overhead costs in relation to the hearing.
(2) 
Each appeal shall fully set forth the determination appealed from, a detailed reason or basis for the appeal, and the relief sought. Every appeal shall refer to the specific provision of circumstances of the case.
B. 
Hearings. The Council of the Municipality of Murrysville shall conduct hearings and make decisions pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353),[1] known as the "Local Agency Law," and in accordance with the following requirements:
(1) 
Written notice shall be given to the appellant, the Enforcement Officer, and to any person who has made timely request for same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Council of the Municipality of Murrysville, but not less than 15 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 hearings shall be conducted by the Council of the Municipality of Murrysville. The decision or, where no decision is called for, the findings shall be in writing by the Council 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 decision, at the addresses provided by them either by personal delivery or by United States first class mail postage prepaid.
(4) 
The President or Acting President of the Council or the designated hearing officer 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 the 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 Council 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 Council of the Municipality of Murrysville, 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.
[1]
Editor's Note: See 2 Pa. C.S.A. § 551 et seq.
If any section, provision, or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion. The Municipality reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this chapter, and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
This chapter shall become effective immediately.