[HISTORY: Adopted by the Board of Commissioners
of the Township of Ridley 7-26-2006 by Ord. No. 1900.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 105.
Fire prevention — See Ch. 135.
Property maintenance — See Ch. 224.
[1]
Editor's Note: This ordinance also repealed
former Ch. 225, Rental Dwelling Units, adopted 11-16-2005 by Ord.
No. 1890, as amended.
The purpose of this chapter is to protect and
promote the public health, safety and welfare of residents within
the Township and to establish the obligations of both owners and tenants
of rental units within the municipality to maintain the quality of
rental units by compliance with the provisions of this article and
other applicable regulations of the Township of Ridley.
As used in this chapter, the following words
or phrases shall have the meaning ascribed to them in this section
except where the context clearly indicates a different meaning:
A building containing two or more dwelling units such as
a duplex, quadraplex, or multiplex, whether having independent or
common means of egress, including common areas.
A statement signed by the Director of Rental Properties setting
forth that the use of a building or structure legally complies with
the applicable codes and regulations and that the same may be used
for the purposes stated therein.
Any code, ordinance and/or regulation adopted or enacted
by the Township.
The Director of Rental Properties and/or a duly authorized
agent of the Department of Code Enforcement or other duly authorized
representative of the Township.
Consists of two dwelling units rented, leased or let out.
A single unit providing complete independent living facilities
for one or more persons functioning as a family, including permanent
provisions for living, sleeping, eating, cooking and sanitation. A
single-family dwelling and a condominium unit shall be considered
a dwelling unit.
Two or more persons living together as a single nonprofit
housekeeping unit and doing their cooking on the premises, excluding,
however, occupants of a club, fraternity house, lodge, dormitory,
rooming house, or nursing home which is not owned by the individuals.
Owner, manager, agent or other responsible person in control
of the rental or leased property(s).
Consists of five or more dwelling units rented, leased or
let out.
The Township of Ridley located within the County of Delaware,
Commonwealth of Pennsylvania.
Consists of land, buildings, structures and other improvements
for the use of operating a dwelling unit(s).
Consists of four dwelling units rented, leased or let out.
A.
No person, firm or corporation owning, managing, conducting
and/or operating a dwelling unit(s) shall rent, lease, let out or
permit the same to be occupied without first securing the following:
(1)
An annual certificate of use for each occupied dwelling
unit issued pursuant to this chapter and other applicable ordinances,
regulations and/or rules enacted by the Township.
(2)
A certificate of use for every vacant dwelling unit
issued pursuant to this chapter and other applicable ordinances, regulations,
and/or enacted by this Township.
B.
The Director of Rental Properties and/or his agent(s)
are hereby authorized and directed to process all applications for
certificates of use and, prior to the issuance of same, to inspect
the dwelling unit to determine that all of the requirements of this
chapter and all other applicable ordinances, regulations and/or rules
enacted by this municipality are met.
C.
Fees shall be as follows:
(2)
If a dwelling unit requires a reinspection due to
a failure to pass at the initial inspection, each additional inspection
will cost $50. If the inspector makes a specific determination that
the failure of the initial or any subsequent inspection was due to
the landlords' responsibility then the landlord shall be prohibited
from charging the tenant for the cost of the reinspection.
(3)
The Township shall waive any certificate of use turnover
fee when such inspection is made within three months of the annual
inspection.
D.
Fees must be paid when applying for the certificate
of use or the inspection.
E.
The landlord of any dwelling unit which has been rented,
leased, let out or rerented during any calendar year shall, on or
before February 15 of the following year, file a list with the Code
Department setting forth the total number of units, both occupied
and unoccupied, as of December 31 of the reporting year and shall
include the names of the tenants thereof.
F.
A new certificate of use shall be required whenever
there is a change in ownership of the property and/or whenever there
is a change of lessee(s).
A.
Upon display of proper identification, the Code Enforcement
Officer is authorized to enter, examine and survey the interior of
such units on weekdays between 9:00 a.m. and 4:00 p.m. for routine
inspections or at such time as may be necessary in an emergency or
to verify a violation of any Township codes and/or regulations. If
such entry is refused, the Code Enforcement Officer shall have recourse
to every remedy provided by law to secure entry, including, but not
limited to, administrative search warrants.
B.
The Director of Rental Properties and/or his agent(s)
are authorized to make annual inspections of both the interior and
exterior and/or common areas.
C.
Complaints will be followed up with an inspection.
D.
The dwelling unit(s) shall be inspected upon change
of ownership and/or lessee.
At reasonable times, every occupant of a rented,
leased or let out dwelling unit shall grant to the landlord or his
agents/employees free access for the purpose of making repairs or
alterations to comply with Township ordinances.
All information required to be procured and
kept pursuant to this chapter shall be provided to any federal, state
or local sworn law enforcement officer having the lawful power to
arrest, upon demand of the officer and a representation by said officer,
that a reasonable suspicion exists that such information is relevant
to a then pending inquiry or investigation. Nothing in this requirement
shall be construed as giving any such officer any greater right or
license to enter a dwelling unit or invade privacy than the officer
shall otherwise possess as a matter of common law, probable cause,
constitutional law, statutory right or warrant.
Any person, partnership, corporation, or other
legal entity who violates any provisions of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000
plus costs of prosecution and, in default of payment of such fine
and costs, shall be imprisoned for a period not to exceed 30 days.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
In addition to all other remedies and penalties
provided by this chapter and other ordinances, the Township Solicitor
may bring suit in a court of competent jurisdiction to seek an injunction
or other appropriate relief to halt any violation of this chapter.
Such action may include seeking a temporary restraining order or temporary
injunction and other appropriate temporary relief. Nothing in this
chapter shall be deemed to restrict a suit for damages on behalf of
the Township or on behalf of any other person or entity.
