Township of Springfield, PA Chapter 68 Hotels, Motels and Inns

[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.]

§ 68-1 Definitions.

As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a difference meaning is intended:

ACCOMMODATION

The room, unit, or space provided to transient guests for lodging or sleeping, including furnishings and other accessories therein.

CALLS FOR SERVICE

A. 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:

(1) Result in a representative being dispatched or directed to the property;

(2) Allege evidence of criminal activity;

(3) Result in an arrest, charge or citation; or

(4) Find an imminent threat to safety of persons or property.

B. "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]

HOTEL, MOTEL or INN

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.

NUISANCE

Includes but not be limited to the following:

A. Existing violations of building, electrical, mechanical, plumbing, zoning, wealth, fire or other applicable regulatory codes;

B. Existing factors constituting a nuisance under Chapter 79 of the Township Code;

C. 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

D. 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.

TOWNSHIP

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.

§ 68-2 License required.

No person shall operate a hotel, motel or inn within the Township without first obtaining an annual license.

A. 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. 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. The Township may impose reasonable conditions upon the issuance of any license.

§ 68-3 Failure to have a valid 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. 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. 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. 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. 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.

§ 68-4 Inspections; periodic inspections; investigation of complaints.

A. 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. 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. Additional inspections. Additional inspections may be scheduled and conducted on one or more of the following bases:

(1) 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) 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) For the purpose of auditing compliance with conditions on a license.

(4) For the purpose of reinspection to ensure the correction of any violations.

D. 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. 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. 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. 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.

§ 68-5 Application review; grounds for denial, term.

A. 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. 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. 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. 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) 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) Bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin;

(b) Mold;

(c) Heating, cooling, and ventilation;

(d) Water supplies, including drinking water and hot and cold availability;

(e) Lavatories, baths, and sewage;

(f) Electricity;

(g) Adequate lighting;

(h) Pools and spas;

(i) Housekeeping practices and policies;

(j) Refuse removal;

(k) Defective locks;

(l) Nonfunctional smoke or fire suppression systems; or

(m) Severe structural defects.

(2) The property fails to meet accessibility requirements required by the Americans with Disabilities Act (ADA);

(3) 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) The owner, applicant, operator, manager or resident agent has hindered or prevented any inspection of the property authorized by this chapter.

(5) The owner, applicant, operator, manager or resident agent of the property has previously violated this chapter by operating without a license.

(6) 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. 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.

F. Any attempt to rent accommodation(s) described in above Subsection E, or any failure to remedy all violations or orders for such guestrooms or spaces within three months, shall be deemed a violation under § 68-13.

G. 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.

§ 68-6 License refusal; suspension; revocation or nonrenewal.

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. Fraud or material misrepresentation in the application for license;

B. Fraud or material misrepresentation in the operation of the licensed business;

C. Any material violation of this section or of the regulations authorized herein;

D. 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. 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) Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes;

(2) 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) 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) 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

(5) Existing factors constituting a nuisance under Chapter 79 of the Township Code.

F. 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. 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. License suspension/revocation shall be in accordance with the following:

(1) 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) 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) 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) Notify all guests of the establishment's cessation of operation;

(b) Provide a reasonable amount of time for guests to vacate their accommodations, which shall be no less than one week;

(c) Comply with all health codes and provisions of this chapter until all guests have vacated the property;

(d) 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) Any licensee whose license is revoked must apply for a new license as provided in this chapter.

§ 68-7 Procedure for suspension, nonrenewal, revocation; hearing.

A. 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. The notice of hearing before the appropriate body as specified above shall contain the following:

(1) Date, time and place of the hearing;

(2) Notice of the proposed action;

(3) Reasons for the proposed action;

(4) A statement that the licensee may be represented by legal counsel, and present evidence and testimony;

(5) 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. Upon completion of the hearing, the Board of Commissioners shall submit to the licensee a written statement of findings and determination within 30 days.

§ 68-8 License denial; hearing.

A. 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. 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.

§ 68-9 Appeals.

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.

§ 68-10 License expiration.

A. Expiration date. A license shall expire 12 months from the effective date of the license, with the following exceptions:

(1) 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) In accordance with conditions. The license expires in accordance with any conditions placed on the license under this chapter.

B. Effect of license expiration. Upon expiration of a license:

(1) Vacate. The structure is subject to being ordered vacated in accordance with this chapter until a valid license is issued.

(2) 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.

§ 68-11 Order to vacate; authority to issue.

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.

§ 68-12 Rules and regulations.

The following rules, regulations and conditions shall be observed by each licensee:

A. 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. 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. Register. The management of each hotel, motel or inn shall keep a register of guests.

D. 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) 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) 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) 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) 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. 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. 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. 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. 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. 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. 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. 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.

§ 68-13 Violations and penalties.

Any person, partnership, corporation or other legal entity violating the provisions of this chapter shall be subject to the general penalty provision of the Code of the Township of Springfield, Chapter 1, General Provisions, Article II, entitled "General Penalty," § 1-10A.

§ 68-14 Injunction, other court action.

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.