This chapter shall be known as the "Tenant Registration Ordinance."
This chapter is adopted to protect the health, safety and welfare of
Township residents and to prevent the loss of life, limb and property from
failure of rental dwelling units to comply with applicable building and safety
codes.
In the construction of this chapter, the rules and definitions contained
in this section shall be observed and applied, except when the context clearly
indicates otherwise.
A. Words used in the singular shall include the plural,
and the plural the singular.
B. Words used in the present tense shall include the future
tense.
C. Words used in the masculine gender shall include the
feminine and neuter.
D. The word "person" includes corporations, associations
and partnerships and other similar entities.
E. The word "shall" is always mandatory and not discretionary.
F. The word "may" is permissive.
G. This chapter shall be liberally construed to accomplish
its purpose to protect the public's health, safety and welfare.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
AGENT FOR AN OWNER
Any person who provides written proof that he is authorized to act
on behalf of a property owner.
BUILDING INSPECTOR
The Building Inspector of the Township of Bern. For purposes of this
chapter, this term shall include the Code Enforcement Officer, Fire Marshal
and any assistant or designee thereof.
DWELLING UNIT
A building or structure, or any portion of either of them, which
is wholly or partially used or intended to be used as living facilities for
one or more persons, including permanent provisions for living, sleeping,
eating, cooking or sanitation. All rooms comprising a dwelling unit shall
have access through an interior door to other parts of the dwelling unit.
FAMILY
One or more persons related by blood, marriage, adoption or other
decree of legal custody living together as a single housekeeping unit and
using cooking facilities and certain rooms in common.
LANDLORD
A person who receives rent and leases a dwelling unit or a rooming
unit in a boarding, lodging or tourist home to a tenant for a period of time.
MANAGER
A person who has charge of a dwelling unit or a rooming unit in a
boarding, lodging or tourist home.
OWNER
Every person who has a property right in a multifamily dwelling,
and every person who owns, has, keeps or maintains a multifamily dwelling
or rooming house, including a boarding, lodging or tourist home.
PERSON
An individual, proprietorship, partnership, corporation, association
or trust or other legal entity.
RENT or LEASE (or variations thereof)
The act of permitting the use or occupancy of any dwelling unit by
a person or persons other than the owner, whether or not the same is done
in consideration of any monetary or other compensation. Use or occupancy by
the family of the owner, together with the owner, shall not be deemed to constitute
a rental or lease of a dwelling unit.
ROOMING UNIT
A room or rooms constituting a separate, independent housekeeping
unit that is physically separated from any other room, dwelling unit or rooming
unit in the same structure. The rooming unit shall contain living and sleeping
facilities, but no cooking or eating facilities, and shall be occupied by
no more than one family.
TENANT
A person who rents or leases a dwelling unit or a person who occupies
or inhabits a dwelling unit located in the Township for living, sleeping,
cooking, eating or sanitation purposes.
TOWNHOUSE or ROW HOUSE
Dwelling units attached to each other by party or common walls, with
each unit having individual access and rear common or private garden orientation.
TOWNSHIP
The Township of Bern, Berks County, Pennsylvania.
No person shall rent or lease a rooming house, a single-family house,
a multiple-dwelling unit, an apartment building or a townhouse or other dwelling
unit in the Township of Bern to any tenant unless he holds a current, unrevoked
rental operating license issued by the Township Secretary in his name for
the specified dwelling unit or rooming unit.
Upon application for a rental operating license under this chapter,
the dwelling unit shall be inspected by the Building Inspector for compliance
with the provisions of the Building Codes and/or its constituent codes (including
but not limited to the Fire Prevention Code, the Property Maintenance Code,
the Plumbing Code and the Electrical Code) then enacted in the Township. The
Building Inspector shall note all violations and shall leave with the owner,
landlord, manager or agent for an owner a copy of any notice of violation.
The Building Inspector shall forward any notice of violation to the Township
Secretary for the Township's file.
Prior to the issuance of a rental operating license, all violations
noted on a notice of violation shall be corrected, as required. Every rental
operating license shall be issued for a period of three years, unless sooner
revoked.
The following regulations are hereby adopted for the issuance of rental
operating licenses:
A. Pennsylvania statues govern. All matters regulated by
the Pennsylvania Construction Code Act or by any other laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the commonwealth
promulgated by authority of law, as the case may be, shall control all inspections
where the requirements thereof are the same as, or in excess of, the provisions
of the Township Building Code and its constituent codes; however, when the
requirements of the Township Building Code and its constituent codes exceed
the requirements of the commonwealth's regulations, the Township Building
Code and its constituent codes shall apply.
B. Inspection mandatory. Any person who applies as an owner
or as an agent for an owner for a rental operating license in the Township
shall permit the Building Inspector to inspect the dwelling unit or rooming
unit for the purpose of ensuring compliance with the law.
C. Refusal to permit lawful inspection. A person applying
for a rental operating license in the Township violates this chapter if, after
application, such person refuses to permit such lawful inspection of the dwelling
unit or rooming unit, unless such person withdraws such application in writing.
D. Expiration of licenses. Each rental operating license
shall expire three years after the date of issuance. Upon expiration of the
rental operating license for a licensed premises, the owner of the premises
shall be required to obtain a renewal of the permit by arranging for a new
inspection of the premises and by paying the rental permit fee then in place.
E. Nonresident applicants. No rental operating license shall
be issued or renewed for a nonresident applicant unless such applicant designates
in writing to the Building Inspector the name of his agent located in the
commonwealth for receipt of service of any notice of violation and for service
of process.
Any person who violates any of the provisions of this chapter shall,
upon conviction in a summary proceeding, be fined not more than $1,000 and,
in default of the payment of the fine and costs, shall be committed to the
Berks County Prison for a period not to exceed 30 days. Nothing contained
herein shall be deemed to preclude the Township from seeking other relief
or from availing itself of any remedy that may be at law or in equity to prevent
continuing violations of the terms of this chapter. Each day that a violation
occurs or exists under this chapter shall be deemed a separate offense.
No provision of this chapter shall prevent the Township from instituting proceedings and seeking relief in any court of the Commonwealth if the Township shall deem such action necessary to abate any violation of this Chapter
162 which constitutes a nuisance or safety/health hazard.
All ordinances and resolutions or parts of ordinances and resolutions
conflicting herewith are hereby repealed.
This ordinance shall become effective on the earliest date permitted
by law after enactment.