[HISTORY: Adopted by the Borough Council of the Borough of West Conshohocken 12-14-1993 by Ord. No. 426, approved 12-14-1993; amended in its entirety 7-10-2001 by Ord. No. 0-11, approved 7-10-2001. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fines and penalties — See Ch. 53A.
Housing standards — See Ch. 65.
Property maintenance — See Ch. 82.
Subdivision and land development — See Ch. 102.
Fees — See Ch. A114.
The uncontrolled and unregulated rental of single-family homes to multiple unrelated persons for use as a dwelling place can destroy the residential character of the Borough of West Conshohocken's neighborhoods. Having more than three unrelated persons living together in a single-family home unduly concentrates the population in certain areas of the Borough, unduly contributes to parking and traffic congestion, unduly increases the demand for Borough services, such as police, fire and trash pickup, unduly increases noise levels in residential neighborhoods, and unduly increases the level of absentee landlords in the Borough, all of which unfairly and negatively impacts on the safety, health, welfare, quiet enjoyment and property values of the Borough residents and property owners.
The following definitions apply to this chapter:
FAMILY
Persons related by marriage, adoption or blood at least to the level of second cousin.
HABITABLE SPACE
As used in this chapter shall have the same meaning and application as provided for in the International Property Maintenance Code.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
OWNER
Any person who alone, jointly or severally with others holds legal or equitable title to one or more multiple-family dwelling units or one or more single-family dwelling units for rent.
RENTAL PROPERTY
Any dwelling, including but not limited to a house, townhouse, rowhouse, duplex, twin, apartment, condominium, rooming house, or mobile home from which the owner derives income or any other consideration from unrelated persons residing at said dwelling. The term "rental property" also includes any property where the owner resides with one or more unrelated persons residing at said property and those unrelated persons pay compensation or support to the owner in any form as evidenced by a contract, lease, sublease or other agreement, written or oral, but not including any hotel, motel, bed-and-breakfast, or any other business licensed to provide transient lodging to overnight guests.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
SINGLE-FAMILY HOME
Any dwelling, including but not limited to a house, townhouse, rowhouse, duplex, twin, apartment, condominium, or mobile home zoned for single-family residential use; but not including any hotel, motel, bed-and-breakfast, or any other business licensed to provide transient lodging to overnight guests.
TENANT
A person who occupies any dwelling or rental property as described herein whether or not said person pays rent to the owner or lives there free of charge or in exchange for any tangible or intangible consideration.
UNRELATED PERSONS
Persons not related by marriage, adoption or blood at least to the level of second cousin.
A. 
No rental property shall be occupied unless it is registered with the Borough on forms which will be provided and are available at Borough Hall.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
B. 
Rental registration shall be for a period of not more than one year and must be renewed annually.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding street parking spaces, was repealed 5-13-2008 by Ord. No. 2008-06, approved 5-13-2008.
D. 
No rental property shall be registered with the Borough if there are any violations of the Borough's Code at the subject property.
E. 
The owner of a rental property shall insure contractually through a rental agreement that all tenants shall comply with all federal, state and Borough laws, rules, codes, ordinances and regulations relating to:
(1) 
The sale, use or possession of drugs.
(2) 
The consumption of alcohol.
(3) 
The possession or discharge of firearms.
(4) 
The possession of fireworks, explosive, incendiary or noise-making devices.
(5) 
The possession or use of hazardous or noxious materials.
(6) 
The provisions of the Borough's Property Maintenance Code,[2] including but not limited to requirements that all property be free of high grass, weeds and debris, foul odors or other hazardous and unsightly conditions.
[2]
Editor's Note: See Ch. 82, Property Maintenance.
(7) 
The storage of tools, equipment and vehicles.
(8) 
Untimely or excessive noise or disruptive conduct, including but not limited to noise caused by voices, radios, stereos, televisions, tools, machinery, equipment, vehicles or animals.
F. 
No rental property shall be occupied by more than three unrelated persons unless a multitenant license has been issued by the Borough.
G. 
Every person holding a rental registration certificate or multitenant license shall give notice, in writing, to the Code Enforcement Officer within 24 hours after having sold, transferred, given away or otherwise disposed of ownership of or interest in or control of any rental property.
[Added 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
H. 
The rental registration certificate or multitenant license shall not be transferable unless approved, in writing, by the Code Enforcement Officer.
[Added 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
A. 
No rental property shall be occupied by more than three unrelated persons unless a multitenant license has been issued by the Borough.
B. 
A multitenant license shall only be valid for one year.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding license issuance upon proof of off-street parking or monetary contribution, was repealed 5-13-2008 by Ord. No. 2008-06, approved 5-13-2008.
D. 
A multitenant license shall not be issued for any rental property with less than 2,200 square feet of habitable space. An additional 500 square feet of habitable space shall be required for each tenant in excess of three occupying the rental property.
E. 
A multitenant license shall not be issued for any rental property within 250 feet of a property that has been granted a multitenant license.
A. 
The fee for rental property registration shall be detailed in the Borough's authorized fee schedule.[1]
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
[1]
Editor's Note: See Ch. A114, Fees.
B. 
The fee for a multitenant license shall be detailed in the Borough's authorized fee schedule.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
C. 
The Borough's Code Enforcement Officer or authorized agent shall inspect the rental property prior to issuing a registration certificate or a multitenant license and shall not issue such a registration certificate or multitenant license if the rental property is in violation of any Borough Code provision. However, no inspection shall be required if the Borough's Code Enforcement Officer or authorized agent has inspected the rental property within the previous 60 days from date of the application for the rental registration or multitenant license.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
D. 
The application for rental property registration and a multitenant license shall identify all prospective tenants and include an EIT registration form executed by each tenant.
E. 
The application for rental property registration and a multitenant license shall identify the owner's address and telephone number.
F. 
The Borough's Code Enforcement Officer shall grant or deny the application for a multitenant license within 30 days of the application being made.
G. 
In the event that an application for a rental registration certificate or multitenant license is denied, the property owner may appeal to the appropriate governmental body, in writing, within 30 days. Any denial shall include the reason for denial and the appropriate body to which an appeal can be taken.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
A. 
A rental property registration certificate or multitenant license shall be subject to revocation proceedings under the following conditions:
(1) 
The property is not in compliance with this chapter or any other provision of the Borough's Code.
(2) 
The number of tenants exceed the limitations provided for in this chapter.
B. 
The owner of a rental property or the licensee shall be given 20 days' written notice of the existence of a violation of this chapter or of the Borough Code. If the violations are not remedied within that twenty-day period, the Borough's Code Enforcement Officer shall issue an order revoking the rental registration certificate and the multitenant license and post the property as condemned as unusable for those purposes.
C. 
The owner of a rental property or a licensee may appeal a revocation order to the specified governmental body.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008]
The Code Enforcement Officer is authorized and directed to conduct inspections from time to time to determine whether there has been compliance with the registration provisions of this chapter; provided, however, that no such inspection shall be made without prior notice to the owner and occupants of the structure and no inspection shall be made at times other than during normal business hours unless authorized by the owner and occupant. For such purpose and subject to the qualifications herein set forth, the Code Enforcement Officer is authorized, upon justification based upon a reasonable belief of the existence of a violation, to enter and examine any dwelling or yard, or part of either, at reasonable times, and every owner shall provide him access thereto.
A. 
Any person violating the provisions of this chapter shall be subject to the provisions detailed in Chapter 53A of the Code of the Borough of West Conshohocken.
[Amended 12-9-2008 by Ord. No. 2008-12, approved 12-9-2008; 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
B. 
The violations and penalties provided for under this section are in addition to the revocation proceedings identified in § 90-6.