[HISTORY: Adopted by the Board of Supervisors of the Township of
Thornbury 7-10-2001 by Ord. No. 2001-4.
Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have
the meanings set forth herein unless the context otherwise clearly requires:
As used in this chapter, the term "lease" shall mean and include
any permission to occupy a rental unit however denominated. The term shall
include, without limitation, occupancy by license, assignment, lease or any
other method so long as title in fee simple absolute is not transferred to
the occupant.
Any person occupying or having the right to occupy a rental unit or any part thereof pursuant to any lease as herein defined and not otherwise exempted under the provisions of § 96-4 hereof.
Any person, as hereinafter defined, in control or with right of control,
directly or indirectly, over the occupancy or right of occupancy of any rental
unit. The term shall include the fee owner of a rental unit, a lessee who
sublets or underlets the unit or any part thereof, the assignor of rights
of occupancy and any licensor who allows another to occupy the rental unit,
whether or not such occupancy is exclusive. It is intended that this chapter
shall include all such levels of ownership or control over right of possession,
and in the event any such form of control or ownership is subject to varying
interpretations of exclusion, it is the intent that all such issues shall
be resolved in favor of inclusion within the sweep of the regulatory scheme
of this chapter. Where the rental unit is subject to varying or multiple levels
of ownership or control, it is intended that all owners shall be subject to
compliance with the obligations imposed hereunder and the liability for any
violation shall be joint and several.
As used in this chapter, the term "person" shall include, without
limitation, natural persons, corporations, trusts, partnerships, tenants by
the entireties, joint tenants, tenants in common, limited liability companies
and any other entity holding title or right to possession of a rental unit.
Where the entity consists of multiple natural persons such as partnerships,
tenants by the entireties or joint tenancies, each such partner, joint tenant
or operating officer of a corporate or similar owner shall be bound by the
obligations of this chapter and shall be jointly and severally liable for
any penalties imposed for violation thereof.
The issuance by the Township Manager of a certificate identifying
the rental unit, the owner(s) thereof and the proposed and/or present occupant(s)
thereof and certifying that the rental unit has been subject to such inspections
as may be required and that the rental unit is deemed in compliance with all
relevant Township building, housing and zoning regulations and may be occupied
by the occupant for the purposes intended.
A building, whether principal or accessory, or any part thereof,
leased, licensed, sublet, underlet or however denominated, and whether or
not for rent or other compensation, wherein occupancy is permitted for human
habitation or for office, commercial or industrial use by one or more persons
or entities not the fee owner thereof. The term includes, without limitation,
mobile homes, mobile home pads occupied by mobile homes owned by others for
human habitation as well as single-family dwellings, apartments, offices and
stores. It is intended that this chapter shall include all such forms of occupancy,
is subject to varying interpretations of exclusion, and it is the intent that
all such issues shall be resolved in favor of inclusion within the sweep of
the regulatory scheme of this chapter.
No owner shall lease any rental unit or any part thereof within Thornbury
Township to any person or persons until the Township Manager has, on proper
application and payment of required fees and after such inspections as the
Manager deems necessary, issued a certificate of registration for that identified
occupant.
Each owner of a rental unit shall, within the time limits herein set
forth, obtain a certificate of registration as to each occupant thereof. Such
certificate shall be required for each of the following events:
A.
Initial certificate. Within 30 days after the effective
date of this chapter, each owner shall file with the Township Manager on a
form provided by the Township a request for a certificate of registration
for each rental unit owned or controlled by the owner(s) thereof. The applicant
shall identify the rental unit by address and tax parcel number; the names(s),
mailing address(es) and telephone numbers of the owners thereof; the social
security or taxpayers identification number of each owner; a telephone number
where the owner or his/her representative may be contacted in event of emergency;
the name, address and social security number or taxpayer identification number
of each person who is an occupant or occupying the rental unit with the consent
of the owner or occupant; and such other information as the Township Manager
may reasonably require for the administration of this chapter.
B.
Change certificate. Upon the execution of any lease,
sublease, occupancy license, assignment or other granting of permission to
occupy a rental unit in any event prior to such occupant entering into possession
of the rental unit and upon the vacation by any existing occupant, the owner
shall file with the Township Manager a change certificate application and
pay any required fees therefor. Said application shall be filed not later
than seven days after the occupant vacates the rental unit.
C.
The Township Manager, if it appears that
an inspection of the rental unit is necessary to determine compliance with
applicable codes, may require such inspections by the officer charged with
the responsibility of enforcing the relevant code provisions.
D.
If the Township Manager determines, after the conduct
of relevant inspections deemed necessary, if any, that the rental unit is
in substantial compliance with relevant codes and the application is complete,
he/she shall issue the requested certificate and the owner may permit the
rental unit to be used and occupied as such.
No reports nor applications shall be required for any owner-occupied
rental unit where the occupants are limited to the owners and their occupants
are related by marriage and the unit is occupied as and only as a single-family
dwelling, provided this exemption shall not apply where any portion of the
rental unit is used as a rooming or boardinghouse. Further, no reports nor
applications shall be required for any hotel, motel or similar facility housing
only transient occupants.
The Board of Supervisors shall, by resolution, adopt and may from time
to time by resolution amend a schedule of fees and charges for the administration
of this chapter. The fees adopted shall specify separate fees for required
inspections consistent with the fees charged for inspections under the Ordinance
under which the inspection is made. Except for the application fee, no other
fees shall be charged except for inspections actually performed.
Any owner who permits occupancy of a rental unit without first having
obtained the required certificate as to that occupant shall be deemed guilty
of a violation of this chapter and, upon such a finding in a civil proceeding
before a District Justice, shall suffer judgment in an amount of not more
than $50, plus costs and attorney's fees incurred by Thornbury Township
in such enforcement proceeding. Each day that the violation continues shall
be deemed a separate offense subject to like civil penalty, costs and attorney's
fees. Further, where multiple occupants occupy the rental unit, the occupancy
by each occupant shall be deemed a separate offense subject to separate per
diem civil penalties, costs and attorney's fees.
