[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.
A.
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.
B.
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:
(1)
The name, address and telephone number of the owner of the residential
rental unit.
(2)
The name, address and telephone number of a local agent or manager
of the residential rental unit.
(3)
The address of the residential rental unit.
(4)
The number of residential rental units in the building in which the
residential rental unit is located.
(5)
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.
(6)
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
The following shall be violations of this article:
(1)
Occupancy of any residential rental unit without first obtaining
a residential rental license in accordance with this article.
(2)
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.
(3)
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.
(4)
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.
(5)
Failure to submit a complete application in a timely manner for an
initial residential rental license or for a renewal residential rental
license.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
