[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter 3-13-2002 by Ord. No.
91; amended in its entirety 2-14-2018 by Ord. No. 145. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 78.
The purpose of this chapter and the policy of the Township of
Potter shall be to protect and promote the public health, safety and
welfare of its citizens and to establish rights and obligations of
lessor/owners and lessee/occupants relating to residential rental
units in the Township. As a means to these ends, this chapter provides
for a reporting procedure of residential rental units, and penalties
for failure to so report. In considering the adoption of this chapter,
the Township makes the following findings:
A.
There is a greater likelihood of code violations relative to the
maintenance and upkeep of residential properties which are not owner-occupied
as compared to those that are owner-occupied.
B.
The Township is concerned with the occupancy of a property when EMS
responds, and for the general safety of the EMS responders and the
occupants of the property.
C.
The Township is unaware of the exact number of lessee-occupied residences
requiring the knowledge of such for the accountability and safety
of the occupants of the property.
The following words, when used herein, shall have the meanings
ascribed to them in this section, except where the context clearly
indicates or requires a different meaning:
Any person or persons who use the real estate of a lessor
as a residential rental unit for any type of consideration therefor,
excluding those who are lessees for a period of less than 30 days.
Any person who grants a lease or otherwise permits the use
of real estate as residential rental unit, owned by and titled to
him jointly or severally, or a portion thereof to a lessee for consideration,
monetary or otherwise.
Any natural person, partnership, association, firm or corporation.
i) A rooming unit or ii) a dwelling unit let for rent or
iii) a residential unit occupied by any lessee or persons other than
one occupied solely by the owner and members of the owner's family.
Each individual townhouse dwelling, each individual apartment unit,
each individual unit in a multifamily building, and each rooming unit
shall be considered a separate residential rental unit. If a structure
contains a rooming unit or if any portion of the structure is let
for rent, it shall be considered a residential rental unit whether
or not the owner or a relative of the owner also resides in the structure.
A residential rental unit shall not include a hotel unit, excepting,
to the extent permitted by applicable federal and state law, units
occupied by the same person or persons for 30 or more consecutive
days. A residential rental unit includes dwelling units under lease-purchase
agreements or long-term (greater than six months) agreements of sale.
A portion of a dwelling unit, including any room or group
of rooms forming a single habitable unit used or intended to be used
for living and sleeping, but not for cooking purposes. Granting of
permission to use shared or common cooking facilities may be associated
with the leasing of a rooming unit.
A.
All lessors, within 30 days after the effective date of this chapter,
or in case of real estate thereafter acquired or thereafter rented
or becoming available as a residential rental unit, within 30 days
after the acquisition, rental or availability for rental thereof,
as the case may be, shall report annually to the Township, in writing
addressed to the Township Secretary, the number of parcels or units
of real estate and residential rental units presently or hereafter
rented and available for rental, a description, by address, number
and/or some other meaningful method, of said parcels or units and
the names of its lessees and other occupants at the time of such annual
report, together with a designation as to which parcel or unit is
occupied by each and the date of occupancy, the identity of any property
manager(s) and proof of septic system maintenance for each parcel
or unit.
B.
Any change in the occupancy of real estate or a residential rental unit or in the identity of the lessee from that shown in the report of the lessor as required in § 153-3A hereof shall be reported by the lessor to the Township within 20 days after such change. It is intended hereby that lessors shall report a new lease or a lessee who rents or leases a different parcel or residential rental unit of the lessor's real estate and when a parcel or residential rental unit of his lessor becomes vacant.
The Township hereby adopts the form report entitled "Residential
Rental Annual Report," attached hereto as Exhibit "A,"[1] which shall be used to report the information required in § 153-3. This report may also require such other pertinent information that the Township, by resolution, may direct the Township Secretary to incorporate into said report. This report must be filed annually by January 31. This report may be filed electronically via e-mail to the official Township e-mail address.
[1]
Editor's Note: Exhibit "A" is on file in the Township
offices.
A.
It shall be unlawful for any lessor/owner/person to conduct or operate
or cause to be rented any residential rental unit within the Township
without having filed the residential rental annual report as required
above.
B.
Any lessor violating any of the provisions of this chapter, or who
fails to file the required report or who furnishes false information
to the Township or who uses a false name or address in any report
required by this chapter shall, upon conviction thereof before any
District Justice, be sentenced to pay a fine of not more than $600
and costs of prosecution.
C.
In the event any provision, section, sentence, clause, or part of
this chapter shall be held to be invalid, illegal, or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality,
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses, or parts of this chapter, it being the
intent of Township Supervisors that the remainder of the chapter shall
be and shall remain in full force and effect.
