[HISTORY: Adopted by the Board of Commissioners of the Township
of Wilkins as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-22-2010 by Ord. No. 1010 (Ch. 124, Art. III, of the 1998 Code)]
For the purposes of this article, the following terms shall
have the meaning hereafter designated.
One or more persons as defined by this section, jointly or
severally, in whom all or part of the legal title to the premises
is vested or all or part of the beneficial ownership and a right to
present use and enjoyment of the premises, including a mortgage holder
in possession of a residential rental unit (same as "owner").
An individual who resides in a unit or structure, whether
or not the individual is the owner of the unit or structure thereof,
with whom a legal relationship with the owner or landlord of the unit
or structure is established by a written lease or by the laws of the
Commonwealth of Pennsylvania.
The license issued to the owner of residential rental units
under this article, which is required for the lawful rental and occupancy
of residential rental units.
Any structure within the Township which is occupied by someone
other than the owner of the real estate as determined by the most
current deed and for which the owner of the said parcel of real estate
received any value, including but not limited to money or the exchange
of services.
An individual who resides in a rental unit, whether or not
he or she is the owner thereof, with whom a legal relationship with
the owner/landlord is established by a lease or by the laws of the
Commonwealth of Pennsylvania (same as "occupant").
A.
General. It shall be the duty of every owner to keep and maintain
all rental units in compliance with all applicable state laws and
regulations and local ordinances and to keep such property in good
and safe condition. The owner/landlord shall be responsible for regularly
performing all maintenance, including lawn mowing and ice and snow
removal, and for making any and all repairs in and around the premises.
B.
Registration. Every owner of a residential rental unit must register
the unit with the Ordinance Enforcement Officer in accordance with
the following schedule:
(1)
All owners of residential units must register the unit with the Ordinance
Enforcement Officer by January 10 of each year.
(2)
Any individual, entity or firm which converts any structure to a
residential rental unit or units shall register the residential rental
unit or units with the Ordinance Enforcement Officer of the Township
upon the earliest occurrence of the following scenarios:
(3)
It shall be the responsibility of the grantee and the grantee's agent
to notify the Township within 72 hours of any purchase or transfer
of a rental unit.
(4)
The owner of a residential rental unit must update the registration
information on record with the Ordinance Enforcement Officer within
10 days of any changes of the information set forth below.
(5)
Registration information shall be provided by all owners and shall
include the following:
(a)
Owner's name, address, telephone number;
(b)
Property address and number of units;
(c)
Maximum occupancy per unit;
(d)
A floor plan with the measurements of each room within the residential
rental unit;
(e)
Emergency telephone number;
(f)
Actual number of occupants;
(g)
Names and addresses of current tenants.
(6)
Any owner of a residential rental unit shall notify the Township
within 10 days of a new tenant occupying, renting or residing in the
landlord's or owner's residential rental unit.
C.
Licenses.
(1)
As a prerequisite to entering into a rental agreement or permitting the occupancy of any rental unit, except as provided in Subsection C(2) below, the owner of every such rental unit shall be required to apply for and obtain a license for each rental unit whose fee shall be set from time to time, by resolution of the Board of Commissioners.
(3)
The application for the license shall be in a form as determined
by the Township.
(4)
The owner shall maintain a current and accurate list of the occupants
in each rental unit.
A.
This article shall be enforced by the Ordinance Enforcement Officer
of the Township of Wilkins.
B.
Basis for violation. An owner that rents a residential rental unit
requiring a license without a valid, current license, issued by the
Township of Wilkins authorizing such use, is in violation of this
article.
C.
Penalties. This article shall be enforced by action brought before
a Magisterial District Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Fines imposed throughout this article shall be collected by any means
allowable by law.
E.
Each day an owner of a residential unit violates any provision of
this article shall constitute a separate offense.
F.
This article and the foregoing penalties shall not be construed to
limit or deny the right of the Township, its agents and representatives
from seeking any other equitable or legal remedies that may otherwise
exist under applicable law.
G.
In addition to the fines set forth herein, the Township of Wilkins
shall be entitled to reasonable attorneys' fees and costs of collection
incurred in enforcing this article. Said fees shall be added to any
penalties set forth above.
