[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester 12-8-1975 by Ord. No. 12-8-75 (Ch. 68 of the 1988 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 75.
This chapter shall be known as the "Tenant Registration
Ordinance."
This chapter is adopted to protect the health,
safety and welfare of Township residents and to prevent the loss of
life, limb and property from failure of rental dwelling units to comply
with applicable building and safety codes.
In the construction of this chapter, the rules
and definitions contained in this section shall be observed and applied,
except when the context clearly indicates otherwise.
A.
Words used
in the singular shall include the plural, and the plural the singular.
B.
Words used
in the present tense shall include the future tense.
C.
Words used
in the masculine gender shall include the feminine and neuter.
D.
The word
"person" includes corporations, associations and partnerships and
other similar entities.
E.
The word
"shall" is always mandatory and not discretionary.
F.
The word
"may" is permissive.
G.
This chapter
shall be liberally construed to accomplish its purpose to protect
the public's health, safety and welfare.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person who provides written proof that he is authorized
to act on behalf of a property owner.
The Building Inspector of the Township of East Manchester.
For purposes of this chapter, this term shall include the Codes Enforcement
Officer, Fire Marshal and any assistant or designee thereof.
A building or portion thereof containing or designed to contain
two or more separate dwelling units with or without common access
facilities.
A building or structure, or any portion of either of them,
which is wholly or partially used or intended to be used as living
facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking or sanitation. All rooms comprising
a dwelling unit shall have access through an interior door to other
parts of the dwelling unit.
One or more persons related by blood, marriage, adoption
or other decree of legal custody living together as a single housekeeping
unit and using cooking facilities and certain rooms in common.
A person who receives rent and leases a dwelling unit or
a rooming unit in a boarding or lodging home to a tenant for a period
of time.
[Amended 12-10-2019 by Ord. No. 2019-3]
A person who has charge of a dwelling unit or a rooming unit
in a boarding or lodging home.
[Amended 12-10-2019 by Ord. No. 2019-3]
Every person who has a property right in a multifamily dwelling,
and every person who owns, has, keeps or maintains a multifamily dwelling
or rooming house, including a boarding or lodging home.
[Amended 12-10-2019 by Ord. No. 2019-3]
An individual, proprietorship, partnership, corporation,
association or trust or other legal entity.
The act of permitting the use or occupancy of any dwelling
unit by a person or persons other than the owner, whether or not the
same is done in consideration of any monetary or other compensation.
Use or occupancy by the family of the owner, together with the owner,
shall not be deemed to constitute a rental or lease of a dwelling
unit.
A building other than a multifamily dwelling, containing
not more than one dwelling unit occupied by a family and providing,
for compensation or other consideration, rooming units for the lodging
in addition to the owner.
[Amended 12-10-2019 by Ord. No. 2019-3]
A room or rooms constituting a separate, independent housekeeping
unit that is physically separated from any other room, dwelling unit
or rooming unit in the same structure. The rooming unit shall contain
living and sleeping facilities, but no cooking or eating facilities,
and shall be occupied by no more than one family.
A person who rents or leases a dwelling unit or a person
who occupies or inhabits a dwelling unit located in the Township for
living, sleeping, cooking, eating or sanitation purposes.
Dwelling units attached to each other by party or common
walls, with each unit having individual access and rear common or
private garden orientation.
The Township of East Manchester, York County, Pennsylvania.
The Secretary of the Township of East Manchester.
A.
Every owner, landlord, manager or agent for an owner
who rents or leases or offers for occupancy any property or portion
thereof in the Township of East Manchester to any tenant or occupant
for a period of time in excess of 30 days shall supply the following
information to the Township Secretary:
(1)
The dwelling unit or rooming unit number or street
address.
(2)
The name or names and ages of all tenants and occupants
to occupy such property.
(3)
The mailing address of the dwelling unit or rooming
unit.
(4)
The period of time for which the rental is made, and
the actual move-in date and/or move-out date.
B.
The above information shall be provided to the Township
Secretary within 10 days of the renting, leasing, subleasing or occupancy
of any property in the Township of East Manchester for a period of
time in excess of 30 days.
No person shall rent or lease a rooming house,
a single-family house, a multiple-dwelling unit, an apartment building
or a townhouse or other dwelling unit in the Township of East Manchester
to any tenant unless he holds a current, unrevoked rental operating
license issued by the Township Secretary in his name for the specified
dwelling unit or rooming unit.
[Amended 12-10-2019 by Ord. No. 2019-3]
A.
Every owner, landlord, manager or agent for an owner who rents or
leases any dwelling unit in any multifamily dwelling or any rooming
unit in any rooming house, including a boarding or lodging home, or
in any single-family home in the Township of East Manchester to any
tenant for a period of time in excess of 30 days, shall apply for
a rental operating license and shall agree to comply with all provisions
of the then-applicable building and construction codes adopted by
the Board of Supervisors and enforced by the Building Inspector. The
application form shall be accompanied by a check or money order payable
to the Township of East Manchester in the amount of the rental operating
license.
B.
Every owner, landlord, manager or agent for an owner who rents or leases any dwelling unit in any multifamily dwelling or any rooming unit in any rooming house, including a boarding or lodging home, or in any single-family home in the Township of East Manchester, to the spouse, son, daughter, mother, father, sister, brother, grandmother, grandfather or grandchild of the owner of said dwelling unit shall be exempt from the requirements of §§ 144-6 and 144-8 of this chapter and the payment of any fees associated with this chapter. However, any owner, landlord, manager or agent who rents or leases any dwelling unit in any multifamily dwelling or any rooming unit in any rooming house, including a boarding or lodging home, or in any single-family home in the Township of East Manchester who is exempt from the requirements of § 144-8 and the fees related to this chapter, shall be responsible to complete the application for a license and thereon claim the nature and application of said exemption.
Upon application for a rental operating license
under this chapter, the dwelling unit shall be inspected by the Building
Inspector for compliance with the provisions of the building codes
and/or its constituent codes (including but not limited to the Fire
Prevention Code, the Property Maintenance Code, the Plumbing Code
and the Electrical Code) then enacted in the Township. The Building
Inspector shall note all violations and shall leave with the owner,
landlord, manager or agent for an owner a copy of any notice of violation.
The Building Inspector shall forward any notice of violation to the
Township Secretary for the Township's file.
Prior to the issuance of a rental operating
license, all violations noted on a notice of violation shall be corrected,
as required. Every rental operating license shall be issued for a
period of three years, unless sooner revoked.
The following regulations are hereby adopted
for the issuance of rental operating licenses:
A.
Pennsylvania statues govern. All matters regulated
by the Pennsylvania Construction Code Act or by any other laws of
the Commonwealth of Pennsylvania or by regulations of departments
or agencies of the commonwealth promulgated by authority of law, as
the case may be, shall control all inspections where the requirements
thereof are the same as, or in excess of, the provisions of the Township
Building Code and its constituent codes; however, when the requirements
of the Township Building Code and its constituent codes exceed the
requirements of the commonwealth's regulations, the Township Building
Code and its constituent codes shall apply.
B.
Inspection mandatory. Any person who applies as an
owner or as an agent for an owner for a rental operating license in
the Township shall permit the Building Inspector to inspect the dwelling
unit or rooming unit for the purpose of ensuring compliance with the
law.
C.
Refusal to permit lawful inspection. A person applying
for a rental operating license in the Township violates this chapter
if, after application, such person refuses to permit such lawful inspection
of the dwelling unit or rooming unit, unless such person withdraws
such application in writing.
D.
Expiration of licenses. Each rental operating license
shall expire three years after the date of issuance. Upon expiration
of the rental operating license for a licensed premises, the owner
of the premises shall be required to obtain a renewal of the permit
by arranging for a new inspection of the premises and by paying the
rental permit fee then in place.
E.
Nonresident applicants. No rental operating license
shall be issued or renewed for a nonresident applicant unless such
applicant designates in writing to the Building Inspector the name
of his agent located in the commonwealth for receipt of service of
any notice of violation and for service of process.
[Amended 12-10-2019 by Ord. No. 2019-3]
[1]Every owner, landlord, manager or agent for an owner who rents or leases any dwelling unit in any multifamily dwelling or any rooming unit in any rooming house, including a boarding or lodging home, or in any single-family home in the Township of East Manchester, except those exempted from the requirements of this section by § 144-7B, shall be responsible to pay the fees associated with each dwelling unit let or intended to be let as shall be set by resolution of the Board of Supervisors.
[1]
Editor's Note: The fee schedule is available in the Township
offices.
Any person who violates any provisions of this
chapter shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Nothing contained
herein shall be deemed to preclude the Township from seeking other
relief or from availing itself of any remedy that may be at law or
in equity to prevent continuing violations of the terms of this chapter.
Each day that a violation occurs or exists under this chapter shall
be deemed a separate offense.
A.
Any person aggrieved by the action of the Building
Inspector pursuant to this chapter shall have the right to appeal
said action within 10 days to the East Manchester Township Board of
Appeals, which shall hear and determine said appeal at its next regularly
scheduled meeting.
B.
No appeal proceedings under this section shall operate
as a stay or supersedeas of the enforcement of this chapter.
No provision of this chapter shall prevent the
Township from instituting proceedings and seeking relief in any court
of the commonwealth if the Township shall deem such action necessary
to abate any violation of this chapter which constitutes a nuisance
or safety/health hazard.
