[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe as indicated in article histories. Amendments noted where
applicable.]
[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:
Areas not leased to a specific tenant but upon which a tenant
is typically authorized to be present upon.
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.
A building have one or more 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.
A person on the premises with the actual or implied consent
of an occupant.
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.).
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.")
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.
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.
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.
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.
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.
A dwelling unit in which the owner resides on a regular,
permanent basis.
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.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
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.
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.
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.
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.
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.")
A.
General.
(1)
It shall be the duty of every owner to keep and maintain all regulated
rental units in compliance with all applicable codes and provisions
of all other applicable state laws and regulations and local ordinances
and to keep such property in good and safe condition.
(2)
As provided for in this article, every owner shall be responsible
for regulating the proper and lawful use and maintenance of every
dwelling which he, she or it owns. As provided for in this article,
every owner shall also be responsible for regulating the conduct and
activities of the occupants of every one which he, she or it owns
in the Township, which conduct or activity takes place at such regulated
rental unit or its premises.
(3)
In order to achieve those ends, every owner of a regulated rental
unit shall regulate the conduct and activity of the occupants thereof,
both contractually and through enforcement, as more fully set forth
below.
(4)
This section shall not be construed as diminishing or relieving,
in any way, the responsibility of the occupants or their guests for
their conduct or activity; nor shall it be construed as an assignment,
transfer, or projection over or onto any owner of any responsibility
or liability which occupants or their guests may have as a result
of their conduct or activity under any private cause of action, civil
or criminal enforcement proceeding, or criminal law; nor shall this
section be construed so as to require an owner to indemnify or defend
occupants or their guests when any such action or proceeding is brought
against the occupant based upon the occupant's conduct or activity.
Nothing herein is intended to impose any additional civil/criminal
liability upon owners other than that which is imposed by existing
law.
(5)
This article is not intended to, nor shall its effect be to, limit
any other enforcement remedies which may be available to the Township
against the owner, occupant or guest thereof.
B.
Designation of manager. Every owner who is not a full-time resident
of the Township of Stowe or within a 50 mile radius of the Township
of Stowe shall designate a manager who shall reside in an area that
is a local call from the Township of Stowe. If the owner is a corporation,
a manager shall be required if an officer of the corporation does
not reside in the aforesaid calling area. The officer shall perform
the same function as a manager. If the owner is a partnership, a manager
shall be required if a partner does not reside in the aforesaid calling
area. Said partner shall perform the same function as a manager. The
manager shall be the agent of the owner for service of process and
receiving of notices and demands, as well as for performing the obligations
of the owner under this article and under rental agreements with occupants.
The identity, address and telephone number(s) of a person who is designated
as manager hereunder shall be provided by the owner or manager to
the Township, and such information shall be kept current and updated
as it changes.
C.
D.
Maintenance of premises.
(1)
The owner shall maintain the premises in compliance with the codes
of the Township and shall regularly perform all routine maintenance,
including lawn mowing and ice and snow removal, and shall promptly
make any and all repairs necessary to fulfill this obligation.
(2)
The owner and occupant may agree that the occupant is to perform
specific repairs, maintenance tasks, alterations, or remodeling. In
such case, however, such agreement between the owner and the occupant
must be in writing. Such an agreement may be entered into between
the owner and occupant only if:
(3)
In no case shall the existence of any agreement between the owner
and occupant relieve an owner of any responsibility under this article
or other ordinances or codes for maintenance of premises.
E.
Written rental agreement.
(1)
All agreements for regulated dwelling units shall be in writing and
shall be supplemented with an addendum as may be adopted by Township
Board of Commissioners from time to time. No oral leases and no oral
modifications thereof are permitted. All disclosure and information
required to be given to occupants by the owner shall be furnished
before the signing of the rental agreement. The owner shall provide
the occupant with copies of the rental agreement and addendum upon
execution.
(2)
Terms and conditions. The owner and occupant may include in a rental
agreement terms and conditions not prohibited by this article or other
applicable ordinances, regulations, and laws, including rent, term
of the agreement, and other provisions governing the rights and obligations
of the parties.
(3)
Prohibited provisions. Except as otherwise provided by this article,
no rental agreement may provide that the occupant or owner agrees
to waive or to forgo rights or remedies under this article. Any provision
prohibited by this subsection included in a rental agreement is unenforceable.
(4)
Attachment or ordinance to rental agreement. Following the effective
date of this article, a summary hereof, in a form provided to the
owner by the Township at the time of licensing, shall be attached
to each rental agreement delivered by or on behalf of an owner when
any such agreement is presented for signing to an occupant. If a most
recent summary has been provided when the rental agreement was first
executed, a summary does not have to be provided upon renewal. Where
a rental agreement has been entered into prior to the effective date
of this article, the owner shall provide the occupants with a copy
of the summary within 60 days after enactment of this article.
F.
Complaints. The owner shall reply promptly to reasonable complaints
and inquiries from occupants.
H.
Common areas. Where an owner does not regulate the use of the common
areas and the behavior of occupants and guests in the common areas,
the owner shall be directly responsible for the behavior of occupants
and guests in the common area as if the owner were an occupant.
A.
General. The occupant shall comply with all obligations imposed upon
occupants by this article, all applicable codes and ordinances of
the Township and all applicable provisions of state law.
B.
Health and safety regulations.
(1)
The maximum number of persons permitted in any regulated rental unit
at any one time shall not exceed the standards outlined in Township
Ordinance IBC Basic Property Maintenance Code,[1] Section PM 405.0, concerning occupant load. The maximum
number of persons permitted in the common areas of any multiple-unit
dwelling at any one time shall not exceed one person for each 15 square
feet of common area on the premises.
(2)
The occupant shall dispose from his or her regulated rental unit all rubbish, garbage and other waste in a clean and safe manner prescribed in Chapter 567, Solid Waste, Article I, Collection and Disposal, and separate and place for collection all recyclable materials in compliance with the Recycling Plan of Chapter 567, Solid Waste, Article II, Recycling.
C.
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 the premises by others and that will not
disturb the peaceful enjoyment of adjacent or nearby dwellings by
the persons occupying the same.
D.
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.
E.
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 (18 Pa.C.S.A. § 101
et seq.) or Liquor Code (47 P.S. § 1-101 et. seq.) or the
Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101
et seq.).
F.
Disruptive conduct.
(1)
The occupant shall not engage in, nor tolerate or permit others on
the premises to engage in, disruptive conduct or other violations
of this article.
(2)
When police investigate an alleged incident disruptive conduct, they
shall complete a disruptive conduct report upon a finding that the
reported incident did, in their judgment, constitute disruptive conduct
as defined herein. The information filed in said report shall include,
if possible, the identity or identities of the alleged perpetrator(s)
of the disruptive conduct and all other obtainable information, including
the factual basis for the disruptive conduct, requested on the prescribed
form. Where the police make such investigation, said police officer
shall then submit the completed disruptive conduct report to the Code
Enforcement Officer. In all cases, the Code Enforcement Officer shall
mail a copy of the disruptive conduct report to the owner or manager
within 10 working days of the occurrence of the alleged disruptive
conduct.
[Amended 7-8-2014 by Ord.
No. 971]
(3)
The third occurrence of disruptive conduct within a one-year period
will result in automatic eviction.
G.
Compliance with rental agreement. The occupant shall comply with
all lawful provisions of the rental agreement entered into between
the owner and occupant. Failure to comply may result in the eviction
of the occupant by the owner.
H.
Damage to premises. The occupant shall not intentionally cause, permit
nor tolerate others to cause damage to premises. Conduct which results
in damages in excess of $500 shall be considered a violation of this
article.
I.
Inspection of premises. The occupant shall permit inspections by
the Code Enforcement Officer or his designated representative of the
premises at reasonable times, upon reasonable notice.
A.
Registration requirements. The owners of each dwelling listed herein
will be subject to the following registration requirements and fees:
(1)
Each person who allows a dwelling to be occupied by a person or persons
other than the owner of the dwelling, and where this action by the
owner has occurred for a period in excess of one year, shall be required
to annually file with the Code Official rental unit registration.
B.
Inspection; periodic inspection. The Code Official or designated
representative or the inspection company engaged by the Township shall
inspect each rental dwelling unit at the time of sale of a premises
and once every two years following the filing and payment of the registration
fee. These inspections shall occur notwithstanding more frequent inspections
which may be required in the investigation of complaints regarding
the dwelling.
[Amended 7-14-2015 by Ord. No. 980]
(1)
Inspection, issuance. The Code Official or designated representative
or the inspection company engaged by the Township shall, upon receipt
of an application for a license, inspect the rental dwelling ,and
in the event that such rental dwelling is in compliance with this
article, the license applied for shall be issued.
(2)
Noncompliance. In the event the rental dwelling is not in compliance
with the Property Maintenance Code, the Code Official shall notify
the applicant, in writing, and shall specify the noncompliance with
the Property Maintenance Code. Upon completion of the changes, the
Code Official shall issue the license applied for.
C.
Multifamily dwelling display of license. Every license shall be displayed
in a conspicuous place within the multifamily dwelling.
(1)
License duration. Every rental unit dwelling license shall remain
in force for two years from the date of issuance.
(2)
License transfers. No license required by this chapter shall be transferable
unless the new operator shall give notice, in writing, to the Code
Official within 10 days after the transfer in any manner of ownership
or control of the interest in such multifamily dwelling. Such notice
shall include the name and address of the person succeeding to the
ownership or control.
D.
Violation; license revocation; notice.
(1)
Whenever the Code Official determines that there exists a violation
of the Property Maintenance Code, it shall serve notice as provided
in Sections PM _____ and PM _____ and may notify the owner or operator,
in writing, that unless the notice of violation is complied with,
the rental dwelling license may be revoked. After the expiration of
the time for compliance as stated on the notice of violation, a reinspection
shall be made to determine compliance. If the violation has not been
corrected and no appeal is pending, the Code Official may revoke the
multifamily dwelling license and, in such event, shall serve written
notice upon the owner or operator of such action.
(2)
Appeal. Any person whose rental dwelling license has been revoked,
or whose application for license to operate a multifamily dwelling
has been denied, may appeal to the Board as provided in Section PM
_____.
E.
Licensing of rooming houses, dormitories and hotels. No person shall
operate a rooming house, dormitory or hotel unless he has first obtained
from the Code Official a license to operate such rooming house, dormitory
or hotel.
(1)
Compliance with code. The Code Official shall not issue a license
unless the rooming house, dormitory or hotel for which the license
is required is in compliance with the Property Maintenance Code.
A.
Basis for violation. It shall be unlawful for any person, as either
owner or manager of a regulated rental unit for which a license is
required, to operate without a valid, current license issued by the
Township, authorizing such operation. It shall also be unlawful for
any person, either owner or manager, to allow the number of occupants
of a regulated rental unit to exceed the maximum limit as set forth
on the license or to violate any other provision of this article.
It shall be unlawful for any occupant to violate this article.
B.
Penalties. Any violation of this article shall constitute a summary
offense punishable, upon conviction thereof by a Magisterial District
Judge, by a fine not to exceed $1,000, plus costs, by a term of imprisonment
not to exceed 30 days. Each day of violation shall constitute a separate
and distinct offense.
C.
Nonexclusive remedies. The penalty provisions of this article and
the license nonrenewal, suspension and revocation procedures provided
in this article shall be independent, non-mutually-exclusive separate
remedies, all of which shall be available to the Township as may be
deemed appropriate for carrying out the purposes of this article.
The remedies and procedures provided in this article for violation
hereof are not intended to supplant or replace, to any degree, the
remedies and procedures available to the Township in the case of a
violation of any other code or ordinance of the Township, whether
or not such other code or ordinance is referenced in this article
and whether or not an ongoing violation of such other code or ordinance
is cited as the underlying ground for a finding of a violation of
this article.
A.
Notices.
(1)
For purposes of this article, any notice required hereunder to be
given to a manager shall be deemed as notice given to the owner.
(2)
There shall be a rebuttable presumption that any notice required
to be given to the owner under this article shall be been received
by such owner if the notice was given to the owner in the manner provided
by this article.
(3)
A claimed lack of knowledge by the owner of any violation hereunder
cited shall be no defense to license nonrenewal, suspension or revocation
proceedings as long as all notices prerequisite to institution of
such proceedings have been given and deemed received in accordance
with the applicable provisions of this article.
B.
Changes in ownership occupancy. It shall be the duty of each owner
of a regulated rental unit to notify the Code Enforcement Officer,
in writing, of any change in ownership of the premises or of the number
of regulated rental units on the premises. It shall be the duty of
the owner to notify the Code Enforcement Officer, in writing, of any
increase in the number of occupants in any regulated rental unit or
of the changing of a dwelling unit from owner-occupied to non-owner-occupied,
which thereby transforms the dwelling into a regulated rental unit
for the purposes of this article.
C.
Owners severally responsible. If any regulated rental unit is owned
by more than one person in any form of joint tenancy, as a partnership,
or otherwise, each person shall be jointly and severally responsible
for the duties imposed under the terms of this article, and shall
be severally subject to prosecution for the violation of this article.
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.
