[HISTORY: Adopted by the Board of Supervisors of the Township
of Union as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-2007 by Ord. No. 2-2007]
This article shall be known as the "Union Township Rental Unit
Ordinance."
The purpose of this article is to establish certain requirements
for rental units in reporting to the Township, as set forth herein.
As used in this article, the following terms shall have the
meanings indicated:
A person designated, in writing, by the owner of a rental
dwelling to act for or in place of the owner.
The building codes officially adopted by the Township of
Union for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures.[1]
The official appointed by the Township and charged with the
administration and enforcement of the Building Code and/or this article.
A structure utilized for residence or lodging for a period
of no less than 30 days, whether utilized as a single-family or multifamily
dwelling, and shall include stick-built and manufactured houses, trailers,
apartment houses, conversion apartments, duplexes, triplexes, garden
apartments, mobile homes, modular units, time shares or other space
for human occupancy or habitation.
One or more rooms used for living and sleeping purposes,
arranged for occupancy by one family or by one or more persons, which
includes permanent provisions for living, sleeping, cooking and sanitation,
including but not limited to dwellings located at manufactured home
parks or manufactured home subdivision or substantial improvements
to existing manufactured home parks.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that three or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, one or more of the following criteria shall
be present:[2]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
A unit transported on a removable or nonremovable frame,
in which some or all of the component parts are fabricated, formed
or assembled off site in a factory, transported to the site for assembly
and installed on the building site. The term includes "module," "prefab,"
"factory-built," "panel-built" and similar terms. The completed unit
shall comply with Building Code standards for conventionally constructed
units; the modular unit is considered real property.[3]
The period of time during which a person rents, owns or uses
certain premises or land.
Any person, agent, firm or corporation having a legal or
equitable interest in real property.
Any individual, partnership, association, firm or corporation
for any other group acting as a unit.
An improvement built upon land which is constructed for human
occupancy.
Each owner of a rental dwelling shall submit to the Code Enforcement
Officer of the Township a report, on a form supplied by the Code Enforcement
Officer, which includes the following information:
A.Â
List of the dwelling units located in the Township, whether occupied
or not, in which owner has an interest, whether the interest be legal
title, equitable title, or ownership;
B.Â
Address of each dwelling unit;
C.Â
Brief description of each dwelling unit;
D.Â
If dwelling unit is a mobile or modular home, the VIN must be listed;
E.Â
Whether or not said dwelling unit is occupied; and
F.Â
Names of the occupants utilizing the aforementioned dwelling unit,
if any.
After the effective date of this article, any person who becomes
an owner of a rental dwelling located in the Township by agreement
of sale, deed, articles of agreement or by any other means shall,
within 30 days thereafter, report to the Code Enforcement Officer
the information and data set forth in this article on forms to be
provided by the Code Enforcement Officer.
After the effective date of this article, every owner of a rental
dwelling within the Township shall report to the Code Enforcement
Officer, on a report form to be supplied by the Code Enforcement Officer,
any change in the use or occupancy of any dwelling unit. The report
submitted shall include the name or names of new occupants of such
dwelling unit, the date when such change was effected, the forwarding
address of the old occupant or occupants, if known. An owner of a
hotel, inn or boardinghouse shall not be required to report a person
as an "occupant" until the person has resided in such owner's establishment
exceeding 30 days. In the event that a dwelling unit was used or utilized
by an occupant and becomes vacant, this change shall also be reported
to the Code Enforcement Officer. All reports required by this section
shall be made within 10 days after an owner has knowledge that such
a unit has had a change in occupancy or has become vacant.
All owners of dwelling units, office buildings or other structures
established for human occupancy shall secure an occupancy permit prior
to permitting a unit to be occupied. Permits must be secured from
the Code Enforcement Officer upon the occurrence of the following:
A.Â
No occupancy permit shall be issued for occupancy unless the premises
shall be inspected by the Code Enforcement Officer or his designee
and meets the minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and safe and sanitary maintenance in accordance with any
applicable state law and/or Township ordinances, as amended;
B.Â
Occupancy inspections shall at all times be arranged in accordance
with the following procedures: The property owner or landlord shall
contact the Code Enforcement Officer and/or his designee and arrange
a mutually convenient time to conduct inspection of the property.
The Code Enforcement Officer and/or his designee shall inspect the
property and shall either issue an occupancy permit or shall issue
a notice of violation with time prescribed for remedial actions to
be taken in order for the occupancy permit to be issued.
No occupancy permit shall be issued until a completed application
form is submitted and accompanied by payment of inspection fees as
set forth by Township resolution or determined by the Board of Supervisors.
The Code Enforcement Officer shall:
A.Â
Maintain a file in the Township offices containing a list of the
names of the owners of the dwelling units in the Township. Said list
shall include the names of the current occupants of said dwelling
units; and
B.Â
Maintain a supply of forms for owners to utilize in making reports
to the Code Enforcement Officer as required by this article.
The Code Enforcement Officer will be looking for violations,
such as, but not limited to, smoke detectors; sewage connections;
operable heating and cooling systems; running water and proper electrical
system in operation.
A.Â
The Township's Code Enforcement Officer or his designee shall
be the appointed officer to enforce the provisions of this article;
B.Â
The Township's Code Enforcement Officer or his designee shall
forward an enforcement notice via certified mail/return receipt requested
to all owners of property who are in violation of any section of this
article; and
C.Â
The enforcement notice shall contain the following information:
(1)Â
The name of the owner of the record and any other person against
whom the Township intends to take action.
(2)Â
The location of the property in violation.
(3)Â
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this article or applicable code.
(4)Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)Â
That failure to comply with the notice within the time specified
will result in the sanctions identified in this article.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to said penalties, the
Township shall reserve unto itself all of the available legal remedies
for the compliance with this article, including an action in equity
for the proper enforcement of this article. The imposition of a fine
or penalties for any violation or noncompliance with this article
shall not excuse the violation or noncompliance or permit the same
to continue.
