This chapter shall be known and may be cited as the "Short-Term Rental Ordinance."
[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles 9-19-2024 by Ord. No. 1144. Amendments noted where applicable.]
The provisions of this chapter shall apply to all residential dwelling units, conversions of nonresidential structures to residential dwellings, and all existing premises within the Township of North Versailles, except that they shall not apply to any camp, hotel/motel/inn, boardinghouse, or group home, as may be defined within the Zoning Ordinance.[1] The owner of the subject property shall be responsible for compliance with the provisions of this chapter and the failure of an owner, agency, managing agency, local contact person, or renting occupants to comply with the provisions of this chapter shall be deemed noncompliance by the owner.
The following words, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates otherwise:
Means the person holding commercial or residential inspection certifications with the Pennsylvania Department of Labor and Industry, who performs the inspection of the short-term rentals to ensure compliance with the most recently adopted International Property Maintenance Code (IPMC).
Means the person appointed by the Commissioners of North Versailles Township to administer and enforce this chapter.
Means the North Versailles Township Board of Commissioners.
Means in a manner that a reasonable person would not believe they were trespassing while viewing the posted permit at the short-term rental.
Means the person or entity holding legal and/or equitable title to the short-term rental.
Means any natural person, individual, partnership, firm, association, corporation, or other entity.
Means the rental of any structure, any portion of any structure or property on which the structure is located for occupancy, use, dwelling, lodging or sleeping purposes for at least one day, but no more than 30 consecutive calendar days in duration, in the MU Zone, including, but not limited to, detached single-family dwellings, two-family dwellings, condominiums, duplexes, triplexes, townhomes and multiple-family dwellings.
Means any man-made object having an ascertainable stationary location at any given time on land or water, and includes but is not limited to a dwelling unit, swimming pool, garage, yard, etc.
No owner of a short-term rental shall rent, offer to rent, or advertise for rent the short-term rental to another person without a valid short-term rental permit approved and issued in the manner provided for by this chapter.
The application for a short-term rental permit shall be made by the owner to the Code Official accompanied by a fee established by resolution of the Township Commissioners. The permit fee shall not be prorated when applied for during a calendar year and shall be valid for the year in which it is issued. The application shall contain the following information:
A.
The name, physical 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. If the owner uses a managing agency, agent or local contact person then that managing agency, agent or local contact person shall have written authorization to accept service for the owner. If the owner resides at a location over 15 miles from the short-term rental property, then an agent or local contact person who does live within 15 miles must be selected to act as person in charge for the property.
B.
The name, physical address, email address and twenty-four-hour telephone number of the agent or person in charge, when required, of the owner of the short-term rental.
C.
Such other information as the Code Official may deem appropriate to show compliance with all North Versailles Township ordinances.
Prior to the issuance of a permit under this chapter, the owner of the short-term rental shall permit the Certified Code Official appointed by the Township to inspect the short-term rental unit to ensure that the rental unit is in compliance with the most recently adopted International Property Maintenance Code and Township ordinances.
A short-term rental permit shall be valid for the calendar year in which it is issued. The owner shall renew a short-term rental permit by reapplying annually on or before December 15.
All permits and renewals issued pursuant to this chapter are subject to the following conditions:
A.
The owner of the short-term rental passing the inspection set forth under § 243-6 above and complying with the most recently adopted International Property Maintenance Code, which is herein adopted for purposes of this chapter.
B.
The owner shall provide proof that short-term rental is not prohibited by any applicable property owners or homeowner association or any declaration of conditions, covenants and restrictions. If not permitted, the Township will notify the property owners or homeowner association of the issuance of the permit as the Code Official cannot enforce a private covenant and this chapter is separate from any private covenant.
C.
The owner furnishing to the Code Official a twenty-four-hour emergency contact phone number for a person who will be available to respond to complaints.
D.
Short-term rentals shall be used only for overnight lodging accommodations.
E.
All advertising for the short-term rental shall include the Township issued permit number.
F.
The primary overnight and daytime occupant of the short-term rental must be an adult individual at least 25 years of age or older. This primary adult occupant must provide a telephone number to the owner and shall be accessible to the owner by telephone at all times.
G.
The Code Official shall have the authority at any time to impose additional uniform or standard conditions, applicable to all short-term rentals, as necessary to achieve the objectives of this chapter.
A.
Posting of permit. Short-term rental permits shall be conspicuously posted on the property being rented.
B.
Limitation on permit. Short-term rental permits are not transferable from one owner to another owner. Upon sale or transfer of a short-term rental, a new owner shall secure a new short-term rental permit.
No application for an initial or renewal permit shall be denied if it is in compliance with this chapter. If a short-term rental permit is denied, the Code Official shall send the owner written notice of the denial along with the reasons for denial. The owner has the right to appeal the denial of a permit under § 243-12 below.
Any short-term rental permit issued may be subsequently revoked by the Code Official when the Code Official finds that the information contained in the application is false, or a violation of this chapter has occurred on three or more occasions after the issuance of the permit. A permit may only be revoked by the Code Official after written notice to the owner describing the violation of this chapter or the condition of the permit citing the applicable sections of this chapter. The owner has the right to appeal the revocation of a permit under § 243-12 below.
A.
Notice/service. The Code Official shall have authority to give notice, by personal service, posting of the short-term rental, or by regular United States mail, postage prepaid, to any owner violating this chapter, or when denying or revoking a permit.
B.
Corrective measures. For a violation, the notice shall direct compliance with this chapter within 10 calendar days following service of the notice. Any notice issued for a violation of this chapter shall be sufficient to constitute notice of any subsequent violation provided that the violation is for the same section of this chapter and the violation occurs within the same calendar year.
C.
Appeal. Any person directly affected by a determination of the Code Official shall have the right to appeal to the Township Commissioners, provided that a written application for appeal is filed within 10 calendar days after the day the notice was served or the permit issued.
D.
Stays of enforcement. Appeals of notices or permits issued by the Code Official shall stay the action or enforcement of the notice until the appeal is heard by the Township Commissioners.
Any short-term rental permit issued may be subsequently revoked by the Code Official when the Code Official finds that the information contained in the application is false, or a violation of this chapter has occurred on three or more occasions after the issuance of the permit. A permit may only be revoked by the Code Official after written notice to the owner describing the violation of this chapter or the condition of the permit citing the applicable sections of this chapter. The owner has the right to appeal the revocation of a permit under § 243-12 above.
A.
Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom, or a maximum of six occupants, whichever is less. The primary overnight and daytime occupant of the short-term rental must be an adult individual at least 25 years of age or older.
B.
The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be four persons.
C.
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property and lawful on-street parking areas. In no event shall parking for short-term rental guests include spaces 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, or fighting, or creating a dangerous or physically offensive condition.
E.
The owner shall use best efforts 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 Township 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.
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 Township Code or state law pertaining to noise or disorderly conduct, promptly use best efforts 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 of 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 or the managing agency, agent, property manager, or local contact authorized in writing to accept service for the owner of the unit and a telephone number at which that party 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 trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property.
(5)
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Township Code, including parking and occupancy limits.
(6)
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Enforcement Officer upon request.
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; and
(10)
Swimming pools, hot tubs and spas must meet the barrier requirements as indicated in Appendix G of the 2009 International Residential Code.
(11)
Any other occupancy requirements which may be added by ordinance revision by the Township Commissioners.
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.
The Code Official of the Township is charged with enforcement of the provisions of this chapter.
A.
Any person or owner who violates or permits the violation of this chapter shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of not less than $600 and not more than $1,000 plus the costs of prosecution; or a civil penalty of not more than $1,000 together with court costs and reasonable attorney fees. A violation of this chapter shall arise for each day of the violation subject to an additional penalty.
B.
In addition to, but not in limitation of, the provisions of Subsection A and § 243-13, the Enforcement Officer may either revoke, or deny an application to renew, a short-term rental permit for three uncured or 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 six months for the first set of three uncured or repeated violations, and continue for one year for any subsequent sets of violations.
The terms of this chapter shall apply retroactively to all short-term rental facilities currently operating as well as prospectively.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
All ordinances or parts thereof which are inconsistent with this chapter are hereby repealed to the extent of their inconsistencies.
This chapter shall become effective immediately.