[Adopted 1-9-1996 by Ord.
No. 791 (Ch. 11, Part 2, of the 1993 Code of Ordinances)]
[Amended 12-10-2019 by Ord. No. 1009]
A. No person shall operate a multidwelling house or rent a single-family
dwelling unless they hold a current, unrevoked operating license issued
by the Ordinance Officer in their name for the specific, named dwelling,
and do not have any outstanding fines or penalties owed for an occupancy
permit for any property within the Township of Stowe.
B. Every operating license shall be issued for a period of one year
unless sooner revoked and may be renewed for successive periods not
to exceed one year. The permit shall be issued valid for the fiscal
year January 1 to December 31 of the same year.
C. The cost for operation of a rental dwelling as described in this
article shall be $50 for each unit and shall be payable on or before
the last day of February of each permit year. Alternatively, the Township
reserves the right to increase the costs in accordance with a Fee
Resolution.
D. No operating permit shall be issued or renewed for a nonresident
applicant unless such applicant designates, in writing, to the Ordinance
Officer or delivers to the Township Secretary the name of his agent
that is responsible for receiving notice of any violations or for
future registration.
E. No operating permit shall be issued or renewed for a resident applicant
unless such applicant has first designated a resident agent for the
receipt of service of process pursuant to this article when said applicant
is absent from the Township for more than 30 days. Such a designation
shall be made in writing and shall accompany each applicant form.
The applicant may designate any person of the Township as his/her
agent, provided the person to be an agent is a full-time resident
of the Township.
F. Any person
or persons found to be in violation of this article shall be subject
to a fine of not less than $800 and not more than $1,500 per property
or dwelling.
Each rental property owner shall submit to the Township the
name of their tenant(s) annually or sooner if a change occurs mid-year.
No operating license shall be issued without the submittal of tenant
names to the Township.
Each rental property owner is hereby required to use the property
owner's name on the applicable water and sewer accounts either solely
or in conjunction with the tenant's name.
[Added 7-11-2000 by Ord.
No. 824]
Any person or persons found to be in violation of this article shall be subject to a fine of not less than $600 and not more than $1,000, in addition to the penalty set forth in §
535-1C.
[Adopted 12-14-2004 by Ord. No. 882]
As used in this article, the following terms shall have the
meanings indicated:
COMMON AREAS
Areas not leased to a specific tenant but upon which a tenant
is typically authorized to be present upon.
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
of 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
constitutes 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, that no disruptive conduct shall 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.
DWELLING
A building have one or more dwelling units.
DWELLING UNITS
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 regulated
rental unit.
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 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 the Township of Stowe or any properly
authorized member or officer thereof or any other law enforcement
agency having jurisdiction within the Township of Stowe.
PREMISES
Any parcel of real property in the 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.")
If any provision of this article or the application thereof
to any person or circumstances is held invalid, such holding shall
not affect the other provisions or applications of this article which
can be given effect without the invalid provision or application,
and to this end, the provisions of this article are declared severable.