[HISTORY: Adopted by the Board of Supervisors
of the Township of Dallas as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 81.
[Adopted 2-21-2006 by Ord. No. 2006-3;
amended in its entirety 5-20-2015 by Ord. No. 2-2015]
Each and every owner (or owners) of any and
all apartment buildings, mobile home parks, or of any and all other
rental or leased properties situated within the Township of Dallas
is required to report to the Township on forms provided by the Township,
the number of parcels or units, including location, then being leased
or available for lease, the name or names and mailing addresses and
employer's name of all renters or lessees over the age of 18 occupying
said rental units or parcels. This report must be made by August 1
of each calendar year and within 15 days following any change in the
information provided in the immediately preceding report.
For purposes of the 2006 Ordinance as hereby
amended, the following definition of "family", as set forth in the
Dallas Township Zoning Ordinance,[1] shall apply to all properties in Dallas Township which
are rented or leased: One or more persons occupying a dwelling unit
and living together as a single nonprofit housekeeping unit. Foster
children placed into the care and custody of a family shall be deemed
to be a member of the family. A group in excess of four individuals
who are not related by blood, marriage or legal adoptions, shall not
be deemed to constitute a family.
Any property owner (or owners) who violates
(or violate) this article shall, upon conviction in a summary proceeding
brought before a District Justice under Pa.R.Crim.P. shall be guilty
of a summary offense and shall be punished by a fine of not more than
$600, plus costs of prosecution.
[Adopted 11-1-2016 by Ord. No. 2016-1; amended in its entirety 4-8-2020 by Ord. No. 2020-1]
A.
This article shall be known as the "Dallas Township Rental Inspection
Ordinance."
B.
The Township of Dallas has experienced problems with the maintenance
of non-owner-occupied residential properties from time to time. The
health, life, safety, and welfare of occupants of these non-owner-occupied
premises within the Township of Dallas is a great concern. The purpose
of this article is to enhance the safety of non-owner-occupied premises,
structures, and properties by a system of inspection(s), which focuses
upon compliance with basic property maintenance code(s).
As used in this article, the following terms have the following
meanings indicated, unless a different meaning clearly appears from
the context:
Any property maintenance code, as the same may be amended
from time to time, and as adopted or enacted by an ordinance of the
Township of Dallas.
Any person, copartnership, association, corporation, or fiduciary
having legal or equitable title, or any right, title or interest in
any real property. Whenever used in any clause, herein, the term "owner,"
as applied to copartnerships and associations, shall mean the partners
or members thereof, and as applied to corporations, the officers thereof.
All housing units owned and occupied or managed by a public
housing authority under contract with any local, county, state, or
federal housing agency. Public housing unit does not include Section
8 or other equivalent program(s).
A residential unit occupied by a person or persons other
than the owner.
Any structurally enclosed area or space including or intended
to be used as living space, quarters, or unit for one or more persons.
Anything that is built or constructed upon real property
or a portion thereof.
No residential unit shall be occupied by other than the owner
thereof, unless a certificate of occupancy is issued, following inspection
thereof, and maintained on file by the owner or the owner's designated
agent, as required by the provisions of this article.
Residential units and residential rental units/regulated dwelling
units shall be subject to inspection in accordance with the provisions
of this article.
A.
Purpose. Inspections required by this article shall be for the purpose
of determining compliance with all of the terms and provisions of
the International Property Maintenance Code, as amended from time
to time, and as adopted by the Township of Dallas by ordinance and
in full force and legal effect in the Township of Dallas at the time
of any inspection required by this article.
B.
Permitted inspectors. Inspections required by this article shall
be conducted by the Code Enforcement Officer of the Township of Dallas
or by any other person(s) specifically empowered to conduct such inspections
by the Board of Supervisors of the Township of Dallas.
C.
Timing of inspections.
(1)
Initial inspection must be completed within 90 days of the passing
of this article.
(2)
In respect of any residential unit or any regulated rental unit/regulated
dwelling unit, unoccupied by the owner on or after the effective date
hereof, a certificate of occupancy shall be issued, following an inspection
(an "initial inspection"), and maintained on file by the owner and
the Township of Dallas prior to occupancy of such residential unit
or regulated rental unit/regulated dwelling unit by any person or
persons other than the owner.
(3)
Any property or premises, which has been inspected hereunder and
for which a certificate of occupancy has been previously issued, and
thereafter becomes vacant for any period of time, must be reinspected
(a "vacancy inspection"), and a certificate of occupancy must be reissued
prior to occupancy by any person or persons as a residential unit
or regulated rental unit/regulated dwelling unit.
(4)
A residential unit or regulated rental unit/regulated dwelling unit,
which is subject to the inspection requirements of this article, shall
be required to be reinspected 24 months after the initial inspection,
and reinspected every 24 months thereafter (each a "biannual inspection"),
and a new certificate of occupancy shall be issued thereafter, based
upon such biannual inspection(s).
(5)
A residential unit or regulated rental unit/regulated dwelling unit,
which is subject to the inspection requirements of this article, and
with respect to which the owner is given notification by the Code
Enforcement Officer of a violation of this article and/or that grounds
exist for the denial, nonrenewal, suspension or revocation of a certificate
of occupancy after an initial inspection, a vacancy inspection or
a biannual inspection, must be reinspected after any such violations
are corrected (a "reinspection") before a new certificate of occupancy
may be issued.
(6)
Upon the transfer of title to a new owner, no residential unit or
regulated rental unit/regulated dwelling unit shall be occupied, in
whole or in part, until an inspection of the premises or structure
and a certificate of occupancy is issued hereunder. All transfers
of title, by whatever means, of a residential unit or regulated rental
unit/regulated dwelling unit or any property, premises, or structure
intended to be used thereafter as a rental residential unit or regulated
rental unit/regulated dwelling unit shall be occupied, in whole or
in part, only following an inspection thereof and the issuance of
a certificate of occupancy in accordance with the terms of this article.
Any transfer of title to a new owner of such premises or property
or structure shall be reported to the Code Enforcement Officer of
the Township of Dallas within 60 days upon transfer of the title to
any new owner.
A.
A public housing unit is exempt from the terms and conditions of
this article, provided that:
(1)
The housing units owned and operated or managed by a public housing
authority are required to be inspected at least annually to ensure
compliance with HUD's Housing Quality Standards, 24 CFR Part
882, as the same may be amended from time to time, and so long as
said standards are comparable to the International Property Maintenance
Code in force and of legal effect and as adopted by the Township of
Dallas by ordinance; or
(2)
The inspections are conducted by authorized representatives of HUD,
the public housing authority, or its duly authorized agent; and
(3)
The inspection reports are available for inspection by the Code Enforcement
Officer of the Township of Dallas, and a list of the properties so
inspected is filed with the Code Enforcement Officer of the Township
of Dallas annually; or
(4)
Nothing contained in this exception or exemption shall be deemed
to exclude such premises, structures, or properties from being subject
to any of the property maintenance codes then in full force and of
legal effect in the Township of Dallas.
A.
General provisions. Upon completion of an inspection, and there are
no determined or specified violations of the code(s), as in effect
on the date of the inspection, or that any such violations have been
corrected in accordance with said codes, the Code Enforcement Officer
of the Township of Dallas shall issue a certificate of occupancy for
the structure, premises, or property in respect to each individual
residential unit or regulated dwelling unit therein, that was inspected
and listed specifically upon said certificate of occupancy. The certificate
of occupancy shall be kept in the file of the owner and made available
to the Code Enforcement Officer upon request and, further, the same
shall be made available to any rental occupant upon written request
made to the owner or owner's authorized agent.
B.
Form of proof of inspection. Proof of inspection and absence of any
violations of the code(s) shall be in such form, as approved from
time to time, by the Code Enforcement Officer of the Township of Dallas.
C.
Report of inspection appeals. A report of inspection, which indicates
any violation of any code(s), shall be provided by written notice
to the owner within 15 days of the date of inspection. Any appeals
from the report of inspection shall be filed and adjudicated in the
manner provided for in this article.
D.
Multiunit structures. The units within a structure, which are in
compliance with the code(s), may continue to be occupied, if such
other units in any portion(s) of the structure do not apply to this
article, because they are owner-occupied, or have passed inspection.
If any unit in a multiunit structure, however, creates a foreseeable
hazard to the health, life, and safety to the persons occupying such
other units in compliance, such other units must be vacated.
E.
Compliance with code(s). The issuance of a certificate of occupancy
does not relieve the owner from complying with all terms and provisions
of all of the real property codes, as the same exist and are in full
force and of legal effect at the time in the Township of Dallas.
A.
Newspaper advertisement. The Code Enforcement Officer of the Township
of Dallas shall each year cause notice to be published in a newspaper
of general circulation within the Township of Dallas. The notice shall
set forth that the Township of Dallas requires, pursuant to its Rental
Inspection Ordinance, the inspection of residential units/regulated
rental units/regulated dwelling units before the same can become occupied
by any person(s) other than the owner, and the place(s) in the Township
of Dallas where a copy of this article may be obtained.
B.
Written notice must be given by the Code Enforcement Officer to the
property owner or the authorized agent of the owner prior to any inspection.
The property owner or agent shall provide the rental occupant(s) with
reasonable notice of the inspection and provide proof of such rental
occupant(s)'s notice to the Code Enforcement Officer.
The owner of any residential units/regulated rental units/regulated
dwelling units, which are subject to the inspection requirements of
this article, shall be responsible for compliance with the provisions
of this article. All owners of residential units and regulated rental
units/regulated dwelling units, who do not reside in the Township
of Dallas, Luzerne County, Pennsylvania, shall designate, in writing,
an authorized agent residing in or maintaining an office within 25
miles of Dallas Township, who shall be responsible for receiving all
notices issued by the Township of Dallas pertaining to such rental
premises, structures, or properties. The owner shall also provide,
in writing, the business address and telephone number of the person
or entity that the owner designates as the authorized agent of the
owner. The property owner is responsible for completing the tenant
registration form and submitting it to the Township's Zoning
Officer at the time the inspection is being performed.
All residential units and regulated rental units/regulated dwelling
units, which are subject to the inspection requirements of this article,
shall be inspected by the Code Enforcement Officer of the Township
of Dallas to determine compliance with the International Property
Maintenance Code, as amended from time to time, and as adopted by
the Township of Dallas by ordinance and, further, as contained in
the Code of Ordinances of the Township of Dallas relating to all matters
pertaining to zoning of real property and structures.
A.
General. The Code Enforcement Officer may initiate violation proceedings
against an owner that may result in a formal warning, nonrenewal,
suspension, or revocation of the owner's certificate of occupancy
for the violation of any provision of this article that imposes a
duty upon the owner and/or for failing to regulate any action(s) by
any occupants in violation of the provisions of this article, as stated
herein, subject, however, to the right to appeal, as provided in this
article.
In order to obtain or retain a certificate of occupancy, the
property, structure, or premises of the owner, qualifying hereunder,
must comply with the minimum general standards mandated by the International
Property Maintenance Code of the Township of Dallas, as amended from
time to time, and particularly, the following minimum standards:
(1)
Building: interior and exterior, clean and safe.
(2)
Building: infestation and rodent harborage.
(3)
Building: smoke alarms.
(4)
Building: CO detector.
(5)
Building: handrails.
(6)
Building: Fire extinguisher in kitchen.
(7)
Electrical: GFCIs.
(8)
Plumbing: hot water.
(9)
Plumbing: toilet.
(10)
Plumbing: bathing.
(11)
Plumbing: sink.
(12)
Mechanical: heat.
(13)
Mechanical: dryer vent.
B.
DENIAL
FORMAL WARNING
NONRENEWAL
REVOCATION
SUSPENSION
Definition of Code Enforcement Officer's determination(s) of
inspections.
The violations found at the time of the inspection would
render the property unsafe.
Formal written notification of at least one violation of
this article. Upon satisfactory subsequent reinspection, compliance
with this article and any condition imposed by the Code Enforcement
Officer, the formal warning shall be removed at the time that the
owner applies for the initial certificate of occupancy or any renewal
thereof or at an earlier time as ordered by the Code Enforcement Officer.
The denial of the right to apply for certificate of occupancy
renewal after expiration of the term of a subsisting and current certificate
of occupancy. The Township of Dallas will permit the owner to maintain
occupants in a premises until the end of the term of the certificate
of occupancy, unless the premises, structure, or property passes a
reinspection by the Code Enforcement Officer.
The immediate loss of the right to rent residential units
and regulated residential units/regulated dwelling units for a period
of time established by the Code Enforcement Officer and which may
result in the loss of the right of the owner to apply for renewal
of a certificate of occupancy at any time. Upon revocation, the owner
shall take immediate steps to evict and remove all of the rental occupants
from the premises, property, or structure.
The immediate loss of the right to rent residential units
or regulated residential units/regulated dwelling units for a period
of time established by the Code Enforcement Officer. The owner, after
expiration of the suspension period, may apply for renewal of the
certificate of occupancy, following a reinspection of the property,
premises, or structure, which determines that the premises are in
full compliance with the provisions of this article. Upon suspension,
the owner shall take immediate steps to evict and remove all of the
rental occupants from the premises, property, or structure.
C.
Standards for determination of existence of violations. The Code
Enforcement Officer shall consider one or more following matters when
determining the existence of violations for noncompliance with the
terms and provisions of this article and the Township of Dallas Property
Maintenance Code(s):
(1)
The impact of the violation on the health, life, safety, and welfare
of the occupant(s) of the residential unit or regulated residential
unit/regulated dwelling unit and other residents of the structure,
property, or premises.
(2)
The impact of the violation upon the immediate neighborhood of the
premises, structure, or property.
(3)
Whether the owner has prior violations of this article or other real
property ordinances of the Township of Dallas or has received notices
of such violations, as provided for in this article.
(4)
Whether the owner has been subject to disciplinary proceedings under
this article.
(5)
The effect of disciplinary action of violations upon the occupants.
(6)
The action taken by the owner to remedy identified violation(s) and
to prevent future violations, including any written plan of remediation
required to be submitted by the owner to the Code Enforcement Officer.
(7)
The policies, provisions, and terms of the lease agreement employed
by the owner to manage the property or premises or structure to enable
the owner to comply with the provisions of this article.
(8)
In addition to applying those specific violations as set forth above,
the Code Enforcement Officer may impose upon the existing or subsequent
Certificates of Occupancy conditions relating to fulfilling strictly
the terms, provisions, and legislative purpose of this article.
D.
Grounds for imposing violations. Any of the following matters may
subject an owner to violations hereunder:
(1)
Failure to abate a violation(s) of this article applicable to the
property, structure, or premises within the time directed by the Code
Enforcement Officer; or
(2)
Refusal to allow an inspection of the property, structure, or premises
by the Code Enforcement Officer, as provided for in this article;
or
(3)
Failure, deliberately or negligently, by occupants of the residential
units or regulated residential units/regulated dwelling units to prevent
violations of this article; or
(4)
Violations of this article or other ordinances of the Township of
Dallas that apply to residential real property, structure, or premises
within the term of existence of a certificate of occupancy. For purposes
of this article, there need be no criminal conviction before a violation(s)
can be found to exist.
E.
Procedure for denial, nonrenewal, suspension, or revocation of certificate
of occupancy. Following a determination by the Code Enforcement Officer
that the grounds of denial, nonrenewal, suspension, or revocation
of a certificate of occupancy exist, the Code Enforcement Officer
shall notify the owner of the action to be taken and the reason(s)
therefor. Such notification shall be in writing, addressed to the
owner, and/or the authorized agent of the owner and sent by certified
mail, return receipt requested, and by regular United States Postal
Service mail, and it shall contain the following information:
(1)
The address of the property, structure, or premises in question and
the specific identification of the particular residential unit or
regulated residential unit/regulated dwelling unit affected; and
(2)
The description of the violation(s) of this article which has/have
been found to exist; and
(3)
A statement that the certificate of occupancy for said residential
unit or regulated residential unit/regulated dwelling unit shall be
either suspended or revoked, or it will not be renewed for a subsequent
term following the term for which an existing certificate of occupancy
has been issued or that the owner will receive a formal warning. In
the case of a suspension or revocation, the notice shall state the
date upon which such suspension or revocation will commence, and,
in the case of the suspension, it shall state the duration of said
suspension; and
(4)
A statement that, due to the denial, nonrenewal, suspension, or revocation,
as the case may be, the owner or any person authorized to act on behalf
of the owner is prohibited from renting, letting, or permitting occupancy
of the residential unit or regulated residential unit/regulated dwelling
unit, subject to said enforcement action, from and during the period
said suspension or revocation action is in effect; and
(5)
A statement informing the owner that said owner has the right to appeal the decision denying, suspending, revoking, or declining to maintain or renew the certificate of occupancy to the Dallas Township Board of Appeals established by Dallas Township Ordinance No. 2004-3, Chapter 45,[1] enacted on June 15, 2004, and to become, upon the effective date hereof, Chapter 45, Part 4[2], of the Code of Ordinances of the Township of Dallas.
A.
Any person aggrieved by any notice, which has been issued in connection with the enforcement of any provision of this article, or any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Appeals of the Township of Dallas, as created and existing pursuant to Dallas Township Ordinance No. 2004-3, Chapter 45, § 45-4. Such person must file in the office of the Secretary of the Board of Appeals a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned. The appeal must be filed within 10 days after the notice of the Code Enforcement Officer has been served upon the person by written notice. It must be served upon the Secretary of the Board of Appeals by certified mail, return receipt requested and regular USPS mail. There is imposed hereby a fee of $500 for filing such appeals or such appeal fee as may, from time to time, be imposed by the ordinances of the Township of Dallas. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be revised, modified, or withdrawn. The hearing shall be held no later than 20 days after the date upon which the petition was filed. Upon application of the petitioner, the Board of Appeals may postpone the date of the hearing for a reasonable time beyond such twenty-day period, if good and sufficient reason for such temporary postponement is warranted; all in the sole discretion of the Board of Appeals.
B.
The hearing shall be held in accordance with the procedures appertaining
to the Board of Appeals as ordinarily, reasonably, and customarily
are applied by the Board of Appeals.
C.
After such hearing, the Board shall sustain, modify, or withdraw
the notice, depending upon its findings as to whether the provisions
of this article and of the rules and regulations adopted pursuant
thereto have been complied with. If the Board of Appeals sustains
or modifies such notice, it shall be deemed to be an order. Any notice
served pursuant hereto shall automatically become an order in the
event that a written petition for a hearing is not filed in the office
of the Secretary of the Board of Appeals, within 10 days after such
notice of the Code Enforcement Officer is served. After hearing in
the case of any notice of suspension of any certificate of occupancy
required by this statute or by any rule or regulation adopted pursuant
thereto, on the date such notice of suspension has been sustained
by the Board of Appeals, the certificate of occupancy shall be deemed
to have been suspended. Any certificate of occupancy, which has been
suspended by a notice, shall be deemed to be automatically suspended
if a petition for hearing is not filed in the office of the Secretary
of the Board of Appeals within 10 days after such notice of the Code
Enforcement Officer is served. The proceedings of such hearing, including
the findings and decision of the Board of Appeals, shall be set forth,
reduced to writing, and entered as a matter of public record in the
office of the Secretary of the Board of Appeals. Such record shall
also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by any decision of the Board
of Appeals may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the Commonwealth of Pennsylvania.
D.
Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, safety, life, and welfare, the Code Enforcement Officer may, without notice of hearing, issue an order stating the existence of such an emergency and requiring that such action by taken, as may be deemed necessary, in order to meet the particular needs of the emergency. Notwithstanding any other article contained herein, such order shall become effective immediately. Any person to whom such Order is directed shall comply therewith immediately, but, upon the filing of a petition to the Board of Appeals, as provided in § 62-14A hereof, within 48 hours of notice of the emergency action, such person shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this article, and the rules and regulations adopted pursuant thereto have been complied with, the Board of Appeals will continue such order in effect or modify it or revoke it.
A.
The Board of Appeals created by Dallas Township Ordinance No. 2004-3, enacted on June 15, 2004, Chapter 45, § 45-4, of the Code of Ordinances of the Township of Dallas, shall have exclusive jurisdiction to act as the adjudicator of all appeals arising out of the enforcement of this article, in addition to such other powers, duties, and jurisdiction vested in it now or hereafter by the Township of Dallas. It shall have sole and exclusive jurisdiction to hear, try, adjudicate, and determine all appeals arising out of the operation, enforcement, and implementation of this article.
B.
The appeal and variance procedure contained in any ordinance of the
Township of Dallas relating to zoning shall not be available as a
legal remedy to the owner, the authorized agent of the owner, the
occupant, or any other person(s), by reason of ownership or occupancy
of a residential unit or regulated residential unit/regulated dwelling
unit, as defined herein.
An owner of a residential unit or regulated rental units/regulated
dwelling units, who has been determined to have violated or has permitted
the violation of this article, shall be deemed to have committed a
summary offense and, upon conviction thereof, shall be sentenced to
pay a fine of $600 and all costs of prosecution. In the event that
the fine and costs of prosecution are not paid, the Township of Dallas
is hereby authorized to collect the fine and costs of prosecution
in the manner prescribed by the laws of the commonwealth in respect
of actions commenced by a municipality before a District Magistrate.
Each violation of this article, and each day the same is continued,
shall be deemed as a separate offense.
The fee schedule for issuance of Certificates of Occupancy shall
be as follows, upon the effective date hereof, subject to subsequent
amendment by the ordinance(s) of the Township of Dallas:
The provisions of Dallas Township's Code of Ordinances,
so far as they are the same as those ordinances and regulations enforced
immediately prior to the adoption of this article, are intended as
a continuation of such ordinances and regulations and not as a new
enactment. The provisions of this article shall not affect any suit
or prosecution instituted or to be instituted to enforce any prior
ordinance or regulation, except as otherwise provided by law.
It is hereby declared to be the intention of the Board of Supervisors
that the chapters, parts, sections, paragraphs, sentences, clauses,
and phrases of this article are severable. If any section, paragraph,
sentence, clause, or phrase of this article is deemed or declared
to be unconstitutional, illegal, or otherwise invalid by the judgment
or decree of a court of competent jurisdiction, that invalidity shall
not affect any of the remaining chapters, parts, sections, paragraphs,
sentences, clauses, or phrases of this modification.
