[HISTORY: Adopted by the Board of Commissioners
of the Township of Springfield 5-11-2004 by Ord. No. 1417; amended
in its entirety 6-6-2020 by Ord. No. 1608. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a difference
meaning is intended:
The room, unit, or space provided to transient guests for
lodging or sleeping, including furnishings and other accessories therein.
The total number of calls to the Delaware County 911 Center,
law enforcement, emergency medical services and/or the Fire Department
resulting in a request for a Police and/or Fire Department representative
to be dispatched or directed to the property when those responses:
"Calls for service" shall not include calls to law enforcement
made by employees or agents of the hotel property itself, nor for
traffic citations in which the hotel, motel, or tourist home is used
as the address for the citation. It shall also not include calls for
service to law enforcement specific to domestic violence.[1]
Includes a building or group of buildings containing 10 or
more guest rooms, or a group of such buildings especially designed
for the temporary lodging of transient guests, provided that no room
shall have cooking facilities of any kind. Such establishment shall
furnish to the occupants customary services, such as maid services
and the furnishing and laundering of linen. Eating and drinking facilities
may be accessory to the hotel, motel or inn.
Includes but not be limited to the following:
Existing violations of building, electrical, mechanical, plumbing,
zoning, wealth, fire or other applicable regulatory codes;
Existing factors constituting a nuisance under Chapter 79 of the Township Code;
A pattern or practice of guest conduct which is in violation
of the law or interferes with the health, safety and welfare of the
guests and/or persons on or near the premises; or
Failure to maintain the grounds and exterior of the premises,
including allowing litter, debris, or refuse to exist on the premises
outside of proper repositories or to blow onto or be deposited upon
adjoining properties.
The Township of Springfield, Delaware County, Pennsylvania.
[1]
Editor's Note: The former definition of "calls-for-service
ratio," which immediately followed this definition, was repealed 10-13-2020 by Ord. No.
1610.
No person shall operate a hotel, motel or inn within the Township
without first obtaining an annual license.
A.Â
Applications for licenses and/or renewals thereof shall be made to
the Township Manager or his designee, on forms provided by the Manager
or designee. The completed license renewal application form, along
with payment of required fees, must be filed by the licensee with
the Township Manager or his designee no less than 60 days before the
expiration of the current license to obtain a decision on the license
renewal application prior to the expiration of the current license
and to avoid license renewal late fees.
B.Â
The annual license fee shall be as set forth in Chapter 40, Fee Schedule. The Township may enforce payment by any lawful means including, but not limited to, a civil suit, an order to show cause, a lien assessed against the dwelling, the structure, or real property to which the fee(s) pertain, and by denying or suspending a license as provided in this chapter.
C.Â
The Township may impose reasonable conditions upon the issuance of
any license.
In addition to all other remedies provided for in this chapter
or by any other local ordinance, state statute, or federal law, the
following shall apply when there is no license as required:
A.Â
Order to vacate. Failure to have a current, valid, license subjects the hotel, motel or inn to be ordered vacated as provided in § 68-11 until a valid license is issued.
B.Â
Failure to vacate. In addition to any other remedy available to the Township under law, including Township ordinances, a licensee, owner or lessor of the hotel, motel or inn who fails to comply with an order to vacate after having been given notice of an order to vacate under this chapter is subject to the penalties set forth at § 68-13. Further, each day that the licensee, owner or lessor fails to comply with the order to vacate after the date indicated on the notice constitutes a new violation.
C.Â
In addition to any other remedy available to the Township under law, including Township ordinances, an owner who rents an accommodation to any guest where there is no license as required is subject to penalties set forth at § 68-13.
D.Â
Abatement of rent. Where there is no current, valid license, no financial
compensation shall be charged, accepted, retained or recoverable by
the owner or lessor of the premises for the period where no current,
valid license existed. This abatement shall not be retroactively eliminated
regardless of whether there was subsequent compliance.
A.Â
License application inspection. Upon the filing of a completed license
application form with the Township Manager, whether initial or renewal,
the proposed accommodations and structure shall be inspected by the
Township Code Enforcement Department, Health Department and Fire Marshal
for compliance with the requirements of Township ordinances and commonwealth
laws by consent or upon the issuance of an administrative search warrant.
B.Â
Property maintenance inspection. If during the course of an inspection
provided for under this chapter, a code official concludes that there
are violations which considering the nature and/or severity of the
violation, either poses a hazard to the health, safety or welfare
of the occupants or that an additional professional inspection is
needed either to properly determine the extent of the violations or
the corrective action required to comply with the Property Maintenance
Code.
C.Â
Additional inspections. Additional inspections may be scheduled and
conducted on one or more of the following bases:
(1)Â
Due to recurrent violations, a combined three or more substantiated
recurrent or uncorrected violations for a particular structure and/or
accommodations and/or unit(s) within a structure, within a twelve-month
period from the date of the most recent violation.
(2)Â
Whenever reasonable cause exists to believe that there is a violation
of the Property Maintenance Code on any premises, or other condition(s)
which make the structure or premises unsafe, dangerous, hazardous
or a nuisance.
(3)Â
For the purpose of auditing compliance with conditions on a license.
(4)Â
For the purpose of reinspection to ensure the correction of any violations.
D.Â
Inspection of multiple units. For properties having more than 50
units, a minimum of 25% of the units contained in those properties
shall be inspected. The units to be inspected shall be randomly selected
by the Code Official. The number of units inspected may be increased
at the discretion of the Code Official should significant code violations
be found or should the inspector have reasonable cause to believe
other violations exist in the uninspected units.
E.Â
Notification and presence of owner at inspection. Subject to below Subsection F, the owner(s), or the owner's legal agent if any, shall be notified of any initial or renewal inspections for the purposes of licensing. The failure of the owner(s) or owner's legal agent to appear for the inspection after notification does not preclude the inspection if access to the structure or unit can otherwise be lawfully obtained.
F.Â
Entry for inspection. Except as otherwise provided by law, authorized
inspections inside a unit will be made during reasonable hours with
the consent of an owner, legal agent, or occupant. Entry without the
consent of an owner, legal agent, or occupant, will be made only after
obtaining an administrative or criminal search warrant for the premises,
a court order allowing entry of the premises for inspection, or otherwise
as provided by law.
G.Â
Inspection reports. If there are any violations noted on an inspection,
within 10 business days after an inspection has been conducted, the
owner(s) or the owner's legal agent shall be given written notice
of the results. The notice of the inspection results shall be given
personally or by first-class mail at the most recent address provided
to the Township.
A.Â
Provided the application is complete, the Township Manager or his designee shall issue a new license, or grant the renewal of a license, except as provided in Subsections B or C of this section, which require the Township Manager or his designee to deny any application for a new license, or renewal of a license, and except as provided in Subsections D and E of this section, under which the Township Manager or his designee may deny any application for a new license, or renewal of a license.
B.Â
The Township Manager or his designee shall deny any application for
a new license or renewal of a license if the applicant makes a material
misrepresentation of fact on the application.
C.Â
The Township Manager of his designee shall deny any application for
a new license, or renewal of a license, if the applicant is delinquent
to the Township for any taxes, or indebted to the Township for any
other reason unless the delinquency or indebtedness is the subject
of pending litigation.
D.Â
The Township Manager or his designee may deny any application for
a new license, or renewal of a license after consultation with the
Township Code Enforcement Department, Department of Health, Police,
and/or Fire Departments, if any of the following are shown to have
occurred at the property:
(1)Â
The property has outstanding orders from any of the above Township
Departments that have not been corrected for six months or more, including
but not limited to, orders regarding:
(a)Â
Bed bugs, cockroaches, rats, mice, flies, and any other insects
or vermin;
(b)Â
Mold;
(c)Â
Heating, cooling, and ventilation;
(d)Â
Water supplies, including drinking water and hot and cold availability;
(e)Â
Lavatories, baths, and sewage;
(f)Â
Electricity;
(g)Â
Adequate lighting;
(h)Â
Pools and spas;
(i)Â
Housekeeping practices and policies;
(j)Â
Refuse removal;
(k)Â
Defective locks;
(l)Â
Nonfunctional smoke or fire suppression systems; or
(m)Â
Severe structural defects.
(2)Â
The property fails to meet accessibility requirements required by
the Americans with Disabilities Act (ADA);
(3)Â
The owner, applicant, operator, manager or resident agent has obstructed
or interfered with correction of the violations, or is party to pending
enforcement actions related to the property;
(4)Â
The owner, applicant, operator, manager or resident agent has hindered
or prevented any inspection of the property authorized by this chapter.
(5)Â
The owner, applicant, operator, manager or resident agent of the
property has previously violated this chapter by operating without
a license.
(6)Â
More than 10 calls for service over any three-consecutive-month period
within the last 12 months from the application and/or renewal date.
[Amended 10-13-2020 by Ord. No. 1610]
E.Â
Upon the written recommendation of the Township Code Enforcement
Department, Health Department, Police, and/or Fire Departments, the
Township Manager or his designee may prohibit the renting of accommodations
until all violations and orders stemming from such guestrooms or spaces
have been remedied.
G.Â
The Township Manager or his designee may deny any application for
a new license, or renewal of a license, if a written objection detailing
the reason for objection is submitted by the Township Code Enforcement
Department, Department of Health, Police and/or Fire Departments and
the Township Manager or his designee concludes that issuance or renewal
of the license would be detrimental to the public welfare.
A license requested under this section may be denied by the
Township Manager or his designee, and any license issued under the
provisions of this chapter may be suspended, revoked or not renewed
by the Township Manager or his designee for cause. Cause shall include,
but not be limited to:
A.Â
Fraud or material misrepresentation in the application for license;
B.Â
Fraud or material misrepresentation in the operation of the licensed
business;
C.Â
Any material violation of this section or of the regulations authorized
herein;
D.Â
Any violation of federal or state law or local ordinance which creates
a risk to the health, safety or welfare of the transients or to the
community or where such violation brings into question whether the
applicant/licensee is of suitable character to operate the business;
E.Â
Conducting the business in an unlawful manner or in such a manner
as to constitute a maintenance of a nuisance as defined in this chapter
upon or in connection with the proposed licensed premises. Nuisance
shall include, but not be limited to:
(1)Â
Existing violations of building, electrical, mechanical, plumbing,
zoning, health, fire or other applicable regulatory codes;
(2)Â
A pattern or practice of guest conduct which is in violation of the
law and/or interferes with the health, safety and welfare of the properties
in the area;
(3)Â
More than 10 calls for service over any three-consecutive-month period
within the last 12 months from the application and/or renewal date.
[Amended 10-13-2020 by Ord. No. 1610]
(4)Â
Failure to maintain the grounds and exterior of the licensed premises,
including permitting litter, debris or refuse to exist on the proposed
and/or licensed premises outside of proper repositories or to blow
onto or be deposited upon adjoining properties; or
F.Â
Failure by the applicant/licensee to permit the inspection of the
licensed premises by the Township's agents or employees in connection
with the enforcement of this section, provided the intended inspection
was in conformance with this chapter.
G.Â
Failure of the applicant/licensee to pay business privilege taxes,
other Township obligations and real property taxes by the established
due date of each year arising from the licensee's use and occupancy
of the property. A licensee who does not own the real property is
not responsible for the payment of the real property taxes unless
a lease or contract requires such payment.
H.Â
License suspension/revocation shall be in accordance with the following:
(1)Â
A license may be temporarily suspended without hearing by the Township
Manager or his designee where there is any violation of health, safety
or welfare of occupants and/or the public. The license shall be reinstated
once Township staff has determined all health, safety or welfare conditions
are remedied.
(2)Â
If a license is suspended, the hotel, motel or inn is prohibited
from furnishing accommodations or other space to new guests, including,
but not limited to, conference rooms, ballrooms, pools and spas, and
parking lots. The premises owner may only continue to operate and
furnish accommodations to current guests, unless an emergency order
requires immediate evacuation of the property.
(3)Â
If a license is revoked, the owner of the property is prohibited
from furnishing accommodations or rented space to new guests and must
cease operations within 30 days of a final decision, during which
time they must:
(a)Â
Notify all guests of the establishment's cessation of operation;
(b)Â
Provide a reasonable amount of time for guests to vacate their
accommodations, which shall be no less than one week;
(c)Â
Comply with all health codes and provisions of this chapter
until all guests have vacated the property;
(d)Â
Allow the Township or any collaborating organizations or charities
to contact current guests directly, in order to provide information
regarding potential alternative accommodation options; and
(e)Â
Any licensee whose license is revoked must apply for a new license
as provided in this chapter.
A.Â
Except pursuant to § 68-6H(1), before any action is taken concerning nonrenewal, revocation or suspension of a license, the Township shall serve the licensee by first-class mail, or email, sent at least 10 days prior to a hearing with notice of hearing before the Board of Commissioners.
B.Â
The notice of hearing before the appropriate body as specified above
shall contain the following:
(1)Â
Date, time and place of the hearing;
(2)Â
Notice of the proposed action;
(3)Â
Reasons for the proposed action;
(4)Â
A statement that the licensee may be represented by legal counsel,
and present evidence and testimony;
(5)Â
A statement requiring the licensee to notify the office of the Township
Manager of his designee at least three days prior to the hearing date
if the licensee intends to contest the proposed action.
C.Â
Upon completion of the hearing, the Board of Commissioners shall
submit to the licensee a written statement of findings and determination
within 30 days.
A.Â
Any person whose initial request for a license is denied shall have
a right to a hearing before the Board of Commissioners, depending
upon the basis for the denial as specified below, provided that a
written request for a hearing is filed with the Township Manager or
his designee within 10 days following such denial. Failure to request
a hearing within this time frame shall result in a final decision.
B.Â
In addition to the information required in this chapter, an applicant
whose application for a license under this chapter was denied by the
Township Manager or his designee should be prepared to submit and
discuss any additional information required by the Board of Commissioners.
The Board of Commissioners shall have the right to reverse, modify,
or affirm and sustain any denial to issue a license.
Any applicant or licensee who is aggrieved by an action of the
Board of Commissioners shall be privileged, on payment of the reasonable
expense of preparing the same, to have such records certified to the
Court of Common Pleas of the County of Delaware, whereupon the Court
shall review such records and proceedings and properly enter such
order or decree as the facts shall justify.
A.Â
Expiration date. A license shall expire 12 months from the effective
date of the license, with the following exceptions:
(1)Â
Inspection violations. A license will expire no more than six months
from the effective date of the license if, at the last inspection,
the property was cited for violations of the building and/or Property
Maintenance Code.
(2)Â
In accordance with conditions. The license expires in accordance
with any conditions placed on the license under this chapter.
B.Â
Effect of license expiration. Upon expiration of a license:
(1)Â
Vacate. The structure is subject to being ordered vacated in accordance
with this chapter until a valid license is issued.
(2)Â
Meet conditions before new application. If the license expired for
failure to comply with conditions placed on it, application for a
new or renewal license may be made only after the conditions have
been met.
Where a current, valid license is not in effect for a structure
for any reason under this chapter, the Township Manager or his designee
may issue an order to vacate to the owner and/or owner's legal agent.
The order to vacate may be held in abeyance for up to 45 days if there
are no conditions on the property posing a hazard to life, limb, property
or safety of the occupants or the general public and the owner makes
application in compliance with this chapter.
The following rules, regulations and conditions shall be observed
by each licensee:
A.Â
Exits. All interior hallways shall have at least two exits, provided
that one such exit may be an emergency-type exit or fire escape. All
exits shall be clearly marked.
B.Â
Condition of premises; inspections. All premises shall be kept in
a clean condition and in good repair. All bed sheets, pillowslips,
towels and washcloths shall be replaced by clean items before any
new guest occupies a room previously occupied by another. Representatives
of the Township Health Department, Code Enforcement Department and/or
Fire Marshal office may inspect any hotel, motel or inn at any time,
provided that no inspector may enter any room rented to a guest or
guests without the expressed consent or invitation of at least one
of the guests occupying the room.
C.Â
Register. The management of each hotel, motel or inn shall keep a
register of guests.
D.Â
Hotel, motel or inn registration; security register. Every owner,
keeper or proprietor of any hotel, motel or inn shall keep a register
wherein all guests or lodgers shall inscribe their names upon procuring
lodging, a room or accommodations.
(1)Â
Said owner, keeper or proprietor shall verify the credit card signature
of each guest or lodger making payment by way of credit card with
the signature inscribed upon the hotel register. If the signature
as inscribed on the register does not appear to reasonably match the
signature on the credit card, further identification shall be requested
of the type requested of persons paying in cash.
(2)Â
Said owner, keeper or proprietor shall require identification of
any guest or lodger paying in cash at the time of registration. Identification
shall be in a valid and current format showing the person's name and
date of birth, and may be, but is not limited to, a driver's license,
state-issued picture identification card or such other form as will
reasonably assure that the registrant is, in fact, the person under
whose name such lodging, room or accommodation is being procured.
The owner, keeper or proprietor shall maintain a photocopy of such
identification and transpose the identifying information in the registration
ledger.
(3)Â
For any guest or lodger taking occupancy through a prearranged reservation
in the name of a corporation, business, association or any other entity,
the owner, keeper or proprietor shall request such identification
of the specific guest or lodger at the time of registration as will
reasonably assure such person to be the person for whom the lodging,
room or accommodations have been procured.
(4)Â
Before furnishing any lodging or accommodations to any person in
any hotel, motel or inn, the proprietor, manager or owner thereof
shall require the person to whom such lodgings are furnished, or room
is rented or accommodations furnished, to inscribe his or her name
in such register, kept for that purpose, and shall set opposite said
name the time that said name was so inscribed and the room occupied
by such lodger or guest.
E.Â
Management person to be on duty. Every owner, keeper or proprietor
of any hotel, motel or inn shall, at all times during which the premises
accommodate guests or lodgers, maintain on duty a responsible management
person. Such management representative shall be an individual capable
of assisting and cooperating with the police or other law enforcement
officials in maintaining the public health, welfare and safety and
shall be conversant in the English language.
F.Â
Access for law enforcement persons. All information required to be procured and kept pursuant to § 68-12C and D of 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 room or invade privacy than the officer shall otherwise possess as a matter of common law, probable cause, constitutional law, statutory right or warrant.
G.Â
Telephone required. Every owner, keeper or proprietor of any hotel,
motel or inn shall keep and maintain in each and every rental unit
a telephone equipped for outgoing calls, and which telephone will
allow any person therein to place a direct call to 911, the Township
Police Department or the Township Fire Department. The existence of
a minor dialing requirement, such as dialing "9" to obtain an outside
line, shall not be deemed a violation of this section. However, under
no circumstances shall prepayment, prior authorization or any other
procedure of any nature which in any way impedes effective, immediate
and direct placement of such emergency phone call be permitted.
H.Â
Misrepresentation. No person shall procure or provide lodging in
any hotel, motel or inn, or any services therefrom, through misrepresentation
or production of false identification or identification which misrepresents
the identity of the person procuring or sharing in such lodging or
service.
I.Â
Number of guests or lodgers. No owner, keeper or proprietor of any
hotel, motel or inn shall rent or provide a room for any number of
persons greater than the sleeping accommodations provided within the
particular rental unit.
J.Â
Number of persons congregating in a room. No owner, keeper or proprietor
or guest of any hotel, motel or inn shall allow to congregate within
any room or single rental unit a number of persons which is greater
than three times the number of persons for whom sleeping accommodations
are provided within the single room or rental unit.
K.Â
Length of stay. As the intent of a hotel, motel or inn is to provide
temporary lodging for transient guests, under no circumstances shall
lodging be provided for more than 30 consecutive days, nor can the
guest or lodger utilize the hotel, motel or inn as their primary residence.
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.