Township of Rochester, PA
Beaver County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rochester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 53.
Construction codes — See Ch. 30.
Fire prevention — See Ch. 76.
Nuisances — See Ch. 101.
Property maintenance — See Ch. 110.
[Adopted 7-7-2005 by Ord. No. 410[1]]
[1]
Editor’s Note: This ordinance also superseded former Ch. 114, Rental Units, adopted 6-18-1985 by Ord. No. 309 as Art. 317 of the 1985 Codified Ordinances, as amended in its entirety 7-19-2001 by Ord. No. 388.
As used in this article, the following terms shall have the meanings indicated:
DISRUPTIVE CONDUCT
Any form of conduct, action, incident, or behavior, perpetrated, caused, or permitted by any occupant or visitor of a regulated dwelling unit that is so loud, untimely (time of day), offensive, riotous, or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to police complaining of such action, conduct, incident or behavior. It is not necessary that such action, conduct, incident, or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for a person to have perpetrated, caused, or permitted the commission of disruptive conduct as defined herein; provided, however, such shall not be deemed to have occurred unless the police shall investigate and make a determination that such did occur, and make a record of such occurrence.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the police who actually investigate an alleged incident of disruptive conduct, and which shall be maintained by the Township Code Enforcement Officer.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes, having its own cooking facilities, and a bathroom with a toilet and a bathtub or shower.
GUEST
A person on the premises with the actual or implied consent of an occupant.
ILLEGAL ACTIVITIES
The occupant shall not engage in nor tolerate nor permit others on the premises to engage in any conduct declared illegal under the Pennsylvania Crimes Code (47 P.S. § 1-101 et seq.) or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.)
LANDLORD
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, 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 regulated rental unit (same as "owner").
MANAGER
An adult individual designated by the owner of a regulated rental unit. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this article and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING
A building containing three or more independent dwelling units, including, but not limited to, double houses, row houses, townhouses, condominiums, apartment houses, and conversion apartments.
OCCUPANCY LICENSE
The license issued to the owner of regulated rental units under this article, which is required for the lawful rental and occupancy of regulated rental units.
OCCUPANT
An individual who resides in a regulated 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 written lease or by the laws of the Commonwealth of Pennsylvania.
OWNER
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, 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 regulated rental unit.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular, permanent basis.
PEACEFUL ENJOYMENT
The occupant shall conduct him or herself and require other persons, including, but not limited to, guests on the premises and within his or her regulated rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership, trust, or any other entity.
POLICE
The Police Department of Rochester Township or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within Rochester Township.
PREMISES
Any parcel of real property in Rochester Township, including the land and all buildings and appurtenant structures or appurtenant elements on which one or more regulated rental units is located.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant supplemented by the addendum embodying the terms and conditions concerning the use and occupancy of a specified regulated rental unit or premises.
RESIDENTIAL USE
The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose than as a residence.
TENANT
An individual who resides in a regulated 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 written lease or by the laws of the Commonwealth of Pennsylvania (same as "occupant").
TOWNSHIP
Rochester Township, Beaver County, Pennsylvania.
UNRELATED
Of or pertaining to two or more persons not related to one another through blood to the level of second cousins, adoption or marriage.
A. 
General.
(1) 
It shall be the duty of every owner to keep and maintain all regulated rental units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances and to keep such property in good and safe condition.
(2) 
As provided for in this article, every owner shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. As provided for in this article, every owner shall also be responsible for regulating the conduct and activities of the occupants of every regulated rental unit which he, she or it owns in the Township, which conduct or activity takes place at such regulated rental unit or its premises.
(3) 
In order to achieve those ends, every owner of a regulated rental unit shall regulate the conduct and activity of the occupants thereof, both contractually and through enforcement, as more fully set forth below.
(4) 
This section shall not be construed as diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activity; nor shall it be construed as an assignment, transfer, or projection over or onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding, or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity. Nothing herein is intended to impose any additional civil/criminal liability upon owners other than that which is imposed by existing law.
(5) 
This article is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the Township against an owner, occupant, or guest thereof.
B. 
Designation of manager. Every owner who is not a full-time resident of Rochester Township, or elsewhere in an area that is a local call from Rochester Township, shall designate a manager who shall reside in an area that is a local call from Rochester Township. If the owner is a corporation, a manager shall be required if an officer of the corporation does not reside in the aforesaid calling area. The officer shall perform the same function as a manager. If the owner is a partnership, a manager shall be required if a partner does not reside in the aforesaid calling area. Said partner shall perform the same function as a manager. The manager shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this article and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as a manager hereunder shall be provided by the owner or manager to the Township, and such information shall be kept current and updated as it changes.
C. 
Disclosure.
(1) 
The owner or manager shall disclose to the occupant in writing on or before the commencement of the tenancy:
(a) 
The name, address and telephone number of the manager; if applicable; and
(b) 
The name, address and telephone number of the owner of the premises.
(2) 
Before an occupant initially enters into or renews a rental agreement for a regulated rental unit, the owner or manager shall furnish the occupant with the most-recent inspection report relating to the property.
D. 
Maintenance of premises.
(1) 
The owner shall maintain the premises in compliance with the codes of the Township and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill this obligation.
(2) 
The owner and occupant may agree that the occupant is to perform specific repairs, maintenance tasks, alterations, or remodeling. In such case, however, such agreement between the owner and occupant must be in writing. Such an agreement may be entered into between the owner and occupant only if:
(a) 
The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant; and
(b) 
The agreement does not diminish or affect the obligation of the owner to other occupants in the premises.
(3) 
In no case shall the existence of any agreement between the owner and occupant relieve an owner of any responsibility under this article or other ordinances or codes for maintenance of the premises.
E. 
Written rental agreement.
(1) 
Rental agreements. All rental agreements for regulated dwelling units shall be in writing and shall be supplemented with the addendum. No oral leases and no oral modifications thereof are permitted. All disclosure and information required to be given to occupants by the owner shall be furnished before the signing of the rental agreement. The owner shall provide occupant with copies of the rental agreement and addendum upon execution.
(2) 
Terms and conditions. The owner and occupant may include in a rental agreement terms and conditions not prohibited by this article or other applicable ordinances, regulations, and laws, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
(3) 
Prohibited provisions. Except as otherwise provided by this article, no rental agreement may provide that the occupant or owner agrees to waive or to forego rights or remedies under this article. A provision prohibited by this subsection included in a rental agreement is unenforceable.
(4) 
Attachment of article to rental agreement. Following the effective date of this article, a summary hereof in a form provided to the owner by the Township, at the time of licensing, shall be attached to each rental agreement delivered by or on behalf of an owner when any such agreement is presented for signing to any occupant. If a summary has been provided when the rental agreement was first executed, a summary does not have to be provided upon renewal. Where a rental agreement has been entered into prior to the effective date of this article, the owner shall provide the occupants with a copy of the summary within 60 days after enactment of this article.
F. 
Complaints. The owner shall reply promptly to reasonable complaints and inquiries from occupants.
G. 
Landlord/Tenant Act. The owner shall comply with all provisions of the Landlord-Tenant Act of the Commonwealth of Pennsylvania.
H. 
Common areas. Where an owner does not regulate the use of common areas and the behavior of occupants and guests in the common areas, the owner shall be directly responsible for the behavior of occupants and guests in the common area as if the owner were an occupant.
I. 
License fees.
(1) 
One-family and two-family rental units.
(a) 
Every owner applying for a license initially shall supply all information requested by the Township and pay an initial license fee as follows:
[1] 
One-family rental unit: initial license fee of $50.
[2] 
Two-family rental unit: initial license fee of $50.
(b) 
Thereafter, the subsequent fee for annual license for one- and two-family units will be assessed at $25 per unit.
(2) 
Multifamily.
(a) 
Multifamily, three to 10: $100 plus $10 per unit initial license fee.
(b) 
Multifamily, over 10: $125 plus $10 per unit initial license fee.
(c) 
Thereafter, the subsequent fee for annual license for multifamily units three to 10 and over 10 units will be $20 per unit.
(3) 
Rooming houses, dormitories and hotels.
(a) 
Fee: $125 plus $10 per unit initial license fee.
(b) 
Thereafter, the subsequent fee for annual license for rooming houses, dormitories and hotels will be $15 per unit.
J. 
Inspection fees.
[Added 2-15-2007 by Ord. No. 421]
(1) 
Prior to renting a unit, the owner of a rental unit must schedule an inspection with the Township so that a Code Enforcement Officer can inspect each rental unit. A fee of $45 must be prepaid by the owner to the Township prior to an inspection being scheduled. Inspections are to be conducted once every six years after initial licensing, unless there is a change in occupant. Prior to a new tenant moving into a rental unit, a new inspection is required. An occupancy fee of $15 is also required for each rental unit every time a new tenant resides in a rental unit. Payment must be made to the Township.
(2) 
The Board of Commissioners of the Township of Rochester may, by resolution, amend this Subsection J and the associated fees based on studies determined to be just and reasonable associated with this article.
A. 
General. The occupant shall comply with all obligations imposed upon occupants by this article, all applicable codes and ordinances of the Township and all applicable provisions of state law.
B. 
Health and safety regulations.
(1) 
The maximum number of persons permitted in any regulated rental unit at any time shall not exceed the standards outlined in the Township ordinance regarding BOCA Basic Property Maintenance Code, Section PM 405.0, concerning occupant load. The maximum number of persons permitted in the common areas of any multiple-unit dwelling at any time shall not exceed one person for each 15 square feet of common area on the premises.
(2) 
The occupant shall dispose from his or her regulated rental unit all rubbish, garbage, and other waste in a clean and safe manner prescribed in the ordinance regarding BOCA Basic Maintenance Code and separate and place for collection all recyclable materials in compliance with the recycling plan of Rochester Township.
C. 
Peaceful enjoyment. The occupant shall conduct himself or herself and require other persons, including, but not limited to, guests on the premises and within his or her regulated rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others, and that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.[1]
[1]
Editor's Note: See also Art. II, Disruptive Conduct, of this chapter.
D. 
Residential use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her regulated rental unit for no other purpose than as a residence.
E. 
Illegal activities. The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or the Liquor Code (47 P.S. § 1-100 et seq.), or the controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).
F. 
Disruptive conduct.[2]
(1) 
The occupant shall not engage in, nor tolerate nor permit others on the premises to engage in, disruptive conduct or other violations of the article.
(2) 
When police investigate an alleged incident of disruptive conduct, the police officer shall complete a disruptive conduct report upon a finding that the reported incident did, in his or her judgment, constitute "disruptive conduct" as defined herein. The information filled in on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct requested on the prescribed form. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager within three working days of the occurrence of the alleged disruptive conduct.
(3) 
The third occurrence of disruptive conduct within a one-year period will result in an automatic eviction.
[2]
Editor's Note: See also Art. II, Disruptive Conduct, of this chapter.
G. 
Compliance with rental agreement. The occupant shall comply with all lawful provisions of the rental agreement entered into between the owner and occupant. Failure to comply may result in the eviction of the occupant by the owner.
H. 
Damage to premises. The occupant shall not intentionally cause, nor permit nor tolerate others to cause, damage to the premises. Conduct which results in damages in excess of $500 shall be considered a violation of this article.
I. 
Inspection of premises. The occupant shall permit inspections by the Code Enforcement Officer or his designated representative of the premises at reasonable times, upon reasonable notice.
A. 
Registration requirements. The owners of each dwelling listed herein will be subject to the following registration requirements and fees:
(1) 
Each person who allows a one-family dwelling to be occupied by a person or persons other than the owner of the one-family dwelling, and where this action by the owner has occurred for a period in excess of one year, shall be required to annually file with the Code Official a rental unit registration.
(2) 
Each person who operates a two-family dwelling shall be required to annually file with the Code Official a rental unit registration.
(3) 
The rental unit registration and accompanying registration fees shall be filed and paid on or before December 31 of each calendar year.
B. 
Inspection; periodic inspection. The Code Official or designated representative shall inspect each one-family and two-family dwelling at least once on or before the sixth annual anniversary of the initial inspection following the filing of the rental unit registration. These periodic inspections shall occur notwithstanding more-frequent inspections which may be required in the investigation of complaints regarding the dwelling.
(1) 
Inspection issuance. The Code Official or designated representative shall, upon receipt of an application for a license, inspect the rental dwelling; and in the event such rental dwelling is in compliance with this Code, the license applied for shall be issued.
(2) 
Noncompliance. In the event the rental dwelling is not in compliance with this Property Maintenance Code, the Code Official shall notify the applicant in writing and shall specify the noncompliance with this Property Maintenance Code. Upon completion of the changes, the Code Official shall issue the license applied for.
C. 
Multifamily dwelling display of license. Every license shall be displayed in a conspicuous place within the multifamily dwelling.
(1) 
License duration. Every multifamily dwelling license shall remain in force for one year from the date of issuance.
(2) 
License transfers. No license required by the article shall be transferable unless the new operator shall give notice in writing to the Code Official within 10 days after the transfer in any manner of ownership or control of the interest in such multifamily dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control.
D. 
Violation; license revocation; notice. Whenever the Code Official determines that there exists a violation of the Property Maintenance Code, it shall serve notice as provided in Sections PM 107.1 and PM 107.2 and may notify the owner or operator in writing that, unless the notice of violation is complied with, the rental dwelling license may be revoked. After the expiration of the time for compliance as stated on the notice of violation, a reinspection shall be made to determine compliance. If the violation has not been corrected and no appeal is pending, the Code Official may revoke the multifamily dwelling license and in such event shall serve written notice upon the owner or operator of such action.
E. 
Appeal. Any person whose rental dwelling license has been revoked, or whose application for license to operate a multifamily dwelling has been denied, may appeal to the Board.
F. 
Licensing of rooming houses, dormitories and hotels. No person shall operate a rooming house, dormitory or hotel unless he has first obtained from the Code Official a license to operate such rooming house, dormitory or hotel.
(1) 
Compliance with code. The Code Official shall not issue a license unless the rooming house, dormitory or hotel for which the license is required is in compliance with the Property Maintenance Code.
(2) 
Number of occupants specified. Every license shall specify the maximum number of occupants allowed to occupy the rooming house, dormitory or hotel.
(3) 
Every license shall be displayed in a conspicuous place within the rooming house, dormitory or hotel.
A. 
Basis for violation.
(1) 
It shall be unlawful for any person, as either owner or manager of a regulated rental unit for which a license is required, to operate without a valid, current license issued by the Township authorizing such operation.
(2) 
It shall also be unlawful for any person, either owner or manager, to allow the number of occupants of a regulated rental unit to exceed the maximum limit as set forth on the license, or to violate any other provision of this article. It shall be unlawful for any occupant to violate this article.
B. 
Penalties. Any violation of this article shall constitute a summary offense punishable, upon conviction thereof by a District Justice, by a fine not to exceed $1,000 plus costs, or by a term of imprisonment not to exceed 30 days. Each day of violation shall constitute a separate and distinct offense.
C. 
Nonexclusive remedies. The penalty provisions of this article and the license nonrenewal, suspension and revocation procedures provided in this article shall be independent, non-mutually-exclusive, separate remedies, all of which shall be available to the Township as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Township in the case of a violation of any other code or ordinance of the Township, whether or not such other code or ordinance is referenced in this article and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this article.
A. 
Notices.
(1) 
For purposes of this article, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner.
(2) 
There shall be a rebuttable presumption that any notice required to be given to the owner under this article shall have been received by such owner if the notice was given to the owner in the manner provided by this article.
(3) 
A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to license nonrenewal, suspension or revocation proceedings as long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this article.
B. 
Changes in ownership or occupancy. It shall be the duty of each owner of a regulated rental unit to notify the Code Enforcement Officer in writing of any change in ownership of the premises or of the number of regulated rental units on the premises. It shall be the duty of the owner to notify the Code Enforcement Officer in writing of any increase in the number of occupants in any regulated rental unit or of the changing of a dwelling unit from owner-occupied to non-owner-occupied, which thereby transforms the dwelling into a regulated rental unit for the purposes of this article. It shall be the duty of each owner to notify Rochester Township in writing of any change in occupancy (occupants).
C. 
Owners severally responsible. If any regulated rental unit is owned by more than one person, in any form of joint tenancy, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this article and shall be severally subject to prosecution for the violation of this article.
[Adopted 12-1-2016 by Ord. No. 464]
A. 
It is the purpose of this article and the policy of the Township of Rochester ("Township"), in order to protect and promote the public health, safety, and welfare of its citizens, to establish the rights and obligations of owners and occupants relating to the rental of residential rental units in the Township of Rochester and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. It is also the policy of the Township that owners, managers, and occupants share responsibilities to obey the various codes adopted to protect and promote public health, safety, and welfare. As a means to those ends, this article provides for an enforcement mechanism to deal with a problem of disruptive conduct of occupants or visitors of residential rental units, and it sets penalties for violations. This article shall be liberally construed and applied to promote its purposes and policies.
B. 
In recent years, many private homes, or portions thereof, have been converted into residential rental units. Those units have often been rented to individuals who, because they have no ownership interest in the property, have allowed the property to deteriorate. In many cases, the owners of the properties live long distances from the Township of Rochester. Problems have occurred because many tenants/occupants have no ownership interest in the real estate, and therefore have engaged in and/or have allowed visitors to the residential rental units they occupy to engage in disruptive conduct. This, in turn, has caused problems for homeowners near the rental units, as well as the occupants or visitors of other residential rental units.
As used in this article, the following terms shall have the meanings indicated:
DISRUPTIVE CONDUCT LETTER
A letter issued by the Township advising that a disruptive conduct report has been filed, referencing the date and time of the incident, a description of the conduct, and all rights under this article to appeal the disruptive conduct determination.
DISRUPTIVE CONDUCT REPORT
A written report of disruptive conduct on a standardized form to be completed by a police officer, which shall be maintained by the Township.
GUEST
Any natural person on the premises of a rental unit with the expressed or implied consent of a tenant or occupant.
LANDLORD-TENANT ACT
The Landlord and Tenant Act of 1951, codified at 68 P.S. § 250.101 et seq.
LANDLORD/OWNER
Any one or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a residential unit.
OCCUPANT
Any natural person who resides in a residential rental unit, with whom a legal relationship with the owner or landlord is established by a lease or by the laws of the Commonwealth of Pennsylvania, whether or not such natural person has possession of the rental unit.
POLICE OFFICER
Any sworn law enforcement officer of the Township of Rochester Police Department.
PREMISES
Any parcel of real property in the Township, including the land and all buildings or appurtenant structures or elements, on which one or more rental units are located.
RENTAL AGREEMENT
A written lease or other legally enforceable agreement between owner and tenant embodying the terms and conditions concerning the use and occupancy of a specified rental unit.
RENTAL UNIT
Any residential rooming unit or dwelling let or leased for rent and any other-than-owner-occupied residential unit.
TENANT
An occupant of a rental unit with whom a legal relationship with the owner or landlord is established through a lease or other enforcement agreement under the laws of the Commonwealth of Pennsylvania.
UNINVITED PERSON
Any natural person on the premises of a rental unit solely for his or her convenience and without the expressed or implied consent of a tenant or occupant, or who refuses to leave the premises after being verbally directed as such by a tenant or occupant.
A. 
It shall be the responsibility of every landlord, owner, or responsible agent to regulate lawful and proper use of all rental units and to discourage and prevent as may be possible the occurrence of disruptive conduct through the rental agreement and the enforcement thereof.
B. 
The tenants, occupants, and invited guests of rental units shall not engage in, nor tolerate, nor permit others on the premises to engage in disruptive conduct or other violations of the Township Code or the laws of the Commonwealth of Pennsylvania.
C. 
For the purposes of this article, "disruptive conduct" shall be defined as any form of conduct, action, omission, or behavior perpetrated, caused, or permitted at a rental unit, by any tenant, occupant, or invited guest, which constitutes public drunkenness, damage to or destruction of property, interference with police or emergency services, indecent exposure, or any other act defined as "disorderly conduct" in the Pennsylvania Crimes Code, 18 Pa. C.S.A. § 5503(a). It is not necessary that a citation be filed or that the individual be found guilty of the citation for disruptive conduct to be determined to have occurred under this article by the police officer.
A. 
Police officers or their designated agent, as the case may be, may investigate alleged incidences of disruptive conduct and shall complete a disruptive conduct report upon finding that the reported incident constitutes disruptive conduct as defined herein.
B. 
The information filed in the disruptive conduct report shall include the identity of the alleged perpetrator of the disruptive conduct and the factual basis for the issuance of the disruptive conduct report.
C. 
The Township shall issue a disruptive conduct letter within 10 business days of the filing of the disruptive conduct report and shall mail a copy of the disruptive conduct letter to the tenant/occupant, owner/landlord, and, if applicable, responsible agent.
D. 
The tenant/occupant, owner/landlord, or responsible agent shall have 10 business days from the postmarked date of the disruptive conduct letter to appeal the disruptive conduct report. Said appeal shall be made in writing on a standardized form made available by the Township and shall be submitted to the Township. The Township Commissioners shall hold a hearing and make a decision whether to uphold the disruptive conduct report or dismiss it, within 45 days of receiving the appeal.
E. 
The disruptive conduct report shall be counted only against those tenants/occupants who perpetrated, caused, or permitted disruptive conduct to occur. All alleged incidences of disruptive conduct that occur at a rental unit during a twenty-four-hour period shall, upon conviction as described herein, constitute a single count of disruptive conduct and shall be included on a single disruptive conduct report for the purposes hereof.
F. 
Nothing herein shall be construed as to preempt the right of a tenant/occupant to seek emergency assistance in response to the witnessing of a crime or a threat of imminent bodily harm, and any disruptive conduct report resulting from the exercise of such right shall not count against the tenant or occupant who sought emergency assistance unless a police officer concludes that said tenant/occupant perpetrated disruptive conduct and successfully prosecutes a citation or criminal charges as described herein. No disruptive conduct report shall be filed if the perpetrator of the disruptive conduct was an uninvited person.
G. 
No disruptive conduct report shall be filed if disruptive conduct is perpetrated by a person subject to a protection-from-abuse order or similar restraining order that prohibits said person from living in or visiting the rental unit of a tenant/occupant.
A. 
In the event that three disruptive conduct reports are filed against a tenant/occupant within a twelve-month period, the owner/landlord or responsible agent shall have 30 days from the postmarked date of the third disruptive conduct letter to begin eviction proceedings against such tenant/occupant and shall continue such proceedings to completion, without interruption, until such tenant/occupant vacates the premises. The owner/landlord, or responsible agent, must submit to the Township a copy of the landlord-tenant complaint as filed with the Magisterial District Judge.
B. 
No owner/landlord shall be deemed to be in violation of this section in the event that the Magisterial District Judge rules in favor of the tenant during an eviction process initiated under the terms of this article, or if legal action has resulted in a stay or reversal of an eviction order.
C. 
The Township shall maintain a list of all persons who were ordered to be evicted under this article along with the street address and apartment number of each affected rental unit. Such list shall be maintained for a minimum of three years and shall be available for public inspection.
A. 
It shall be unlawful for any owner/landlord, or responsible agent, to fail to commence eviction proceedings against a tenant/occupant who has accumulated three disruptive conduct reports within a twelve-month period.
B. 
Any violation of this article shall result in a fine of no more than $500.