[HISTORY: Adopted by the Board of Commissioners of Penn Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-2008 by Ord. No. 692]
The purpose of this article is to protect and promote the public health, safety, and welfare of its citizens by establishing regulations relating to residential rental units in the Township of Penn. This article provides for licensing and inspection of residential rental units, and penalties for noncompliance.
See Chapter 142, the Ordinance of Definition.
The owner of each rental property shall apply for and obtain an annual residential rental license for each residential rental unit. A residential unit license shall be valid for a period of one calendar year from the date of issuance. It shall be the responsibility of the owner to renew the application prior to the expiration date of the residential rental license.
Application forms shall be made available online or at the Penn Township office. The application forms shall require that the applicant disclose the following information, and such other information as the Fire Code Enforcement Officer (FCEO) shall reasonably require:
The name, address and telephone number of the owner of the residential rental unit.
The name, address and telephone number of a local agent or manager of the residential rental unit.
The address of the residential rental unit.
The number of residential rental units in the building in which the residential rental unit is located.
If any part of the building in which the residential rental unit is located is not a residential rental unit, then the name of the occupant of that part of the building and a description of the use shall be provided.
Certification that the residential rental unit and the building in which the residential rental unit is located comply with all applicable building and safety codes, property maintenance codes, and the International Fire Code.
The application shall not be deemed complete until all required information is supplied, all fees, if applicable, are paid, and the application is signed by the owner, local agent or manager, and the application is submitted to the FCEO.
Within 30 days of receipt of a complete initial application for a residential rental license, the FCEO or his or her designee shall conduct an inspection of the residential rental unit for compliance with applicable building and safety codes, the Property Maintenance Code, the International Fire Code and any other applicable codes, laws or regulations that may be required by law or regulation.
Upon completion of a satisfactory inspection, the FCEO shall issue a residential rental license to the owner, or at the request of the owner, to the owner's local agent or manager, and the residential rental unit may thereafter be occupied as a residential rental unit.
Following the initial inspection, the FCEO may inspect residential rental units in accordance with a systematic program, upon a change of occupancy of the residential rental unit, at the request of the owner, agent or tenant, upon receipt of a complaint, or for any other reasonable cause.
A residential rental license shall not be transferred. In the case of licensed residential rental units that are sold or transferred, the new owner shall seek a residential rental license for each residential rental unit and have each residential rental unit inspected. Failure to secure a residential rental license for each residential rental unit within 60 days of the date of sale or transfer of ownership shall result in the revocation of the existing residential rental license applicable to each unit.
Should the Township require inspection fees and/or residential license application fees at some future time, said inspection fees and residential rental license application fees shall be set, from time to time, by resolution of the Board of Commissioners. The application fee shall be charged for each initial application and for all renewal applications for a residential rental license. The inspection fee shall be charged for the initial inspection and for each reinspection and for all inspections associated with enforcement of this article.
The following shall be violations of this article:
Occupancy of any residential rental unit without first obtaining a residential rental license in accordance with this article.
Permitting the continued occupancy of a residential rental unit in the absence of a residential rental license, whether due to the expiration of a residential rental license, or to the failure to renew the license, or to the revocation of a license, or for any other reason whatsoever.
Any violation of any applicable property maintenance code, building code, health or safety code, or the International Fire Code, or the violation of any other code adopted by ordinance, law or regulation, shall be a violation of this article where such code violation occurs in a residential rental unit, or in any building or on any premises on which a residential rental unit is located.
Failure to permit the FCEO or his or her designee to inspect a residential rental unit in accordance with this article, or in accordance with any health or safety code, building code, property maintenance code, the International Fire Code, or any other code, law or regulation applicable to the residential rental unit or the building or property on which it is located. As a standard procedure the FCEO or his/her designee shall notify the owner prior to the conducting of any routine, nonemergency or nonscheduled inspection.
Failure to submit a complete application in a timely manner for an initial residential rental license or for a renewal residential rental license.
The FCEO shall issue notices and, if appropriate, commence enforcement actions for violations of this article. A ten-day notice shall be issued to the owner of the residential rental unit or the manager or local agent specifying each violation. Notice provided to a manager or local agent shall be deemed to be notice to the owner.
If after 10 days from the date of the ten-day notice of violation a reinspection reveals that the violations are not corrected and arrangements satisfactory to the FCEO have not been made, the residential rental license shall be revoked. If the residential rental unit is vacant, it shall remain vacant. If the residential rental unit is occupied, the owner shall make arrangements to relocate the tenant within 10 days and the property shall remain vacant until a new residential rental license is issued.
The FCEO shall maintain a list of all residential rental units and their ownership that have been the subject of prosecution during the preceding five years.
Whoever violates or fails to comply with any of the provision of this rental license article, or any provision of any rule or regulation adopted by the Board or the Township pursuant to authority granted by this rental license article, or fails to correct, within the time set by the Township, the defects for which a dwelling has been cited, shall be subject to the provisions of Chapter 1, Article II, of the Penn Township Code. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
The FCEO shall deny an application for a residential rental license and may revoke an existing residential rental license for failure to abate any violation of the International Fire Code, Property Maintenance Code or any other applicable regulation within the time specified in the notice of violation.
In addition to any other penalties provided at law or by ordinance, statute, regulation or otherwise, the FCEO or his or her designee shall have the right to bring suit in the name of the Township for injunctive or other special or emergency relief to enjoin any violation of this article, and to receive, as part of such relief, attorneys' fees and costs associated with such action and with the enforcement of this article.