[HISTORY: Adopted by the Board of Commissioners
of the Township of Springfield 6-11-2019 by Ord. No. 1598[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 106,
Rental Dwelling Units, adopted 5-10-2005 by Ord. No. 1435, as
amended.
The purpose of this chapter is to protect the public health,
safety and welfare of residents and occupants of and visitors to rental
units within the Township by providing for annual licenses to be issued
after annual inspections by the Department of License and Inspections,
and to establish the obligations of both owners and tenants of rental
units within the municipality to maintain the quality of rental units
by compliance with the provisions of this chapter and other applicable
ordinances and/or regulations of the Township of Springfield.
As used in this chapter, the following words or phrases shall
have the meaning ascribed to them in this section except where the
context clearly indicates a different meaning:
A building containing two or more dwelling units such as
a duplex, quadraplex or multiplex, whether having independent or common
means of egress, including common areas.
A written notice addressed to the Springfield Township Uniform
Construction Code Board of Appeals to be filed at the Township Offices
within 20 days of any action or decision by the Springfield Township
Code Enforcement Officer.
In accordance with all laws and ordinances of the Springfield
Township and the Commonwealth of Pennsylvania.
A portion of any dwelling located partially underground but
having less than 1/2 of its clear floor-to-ceiling height below the
average grade of the adjoining ground.
The Board of Commissioners of Springfield Township.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The Building Code of Springfield Township.
A room or group of rooms used for offices or a retail use
offering sales to the general public.
A portion of any building having 1/2 or more than 1/2 of
its clear floor-to-ceiling height below the average grade of the adjoining
ground.
A statement signed by the License and Inspections Officer
setting forth that the use of a building, structure or lot legally
complies with the applicable codes and regulations and that the same
may be used for the purposes stated therein.
Any code, ordinance and/or regulation adopted or enacted
by the Township. Included herein shall be the International Property
Maintenance Code, 2018 Edition, and other reference standards excluding
the International Zoning Code.
Same as "business (unit)."
Consists of two dwelling units rented, leased or let out.
A building or structure which is wholly or partly used or
intended to be used for living or sleeping by human occupants.
A single unit providing complete independent living facilities
for one or more persons functioning as a family, including a permanent
provision for living, sleeping, eating, cooking and sanitation. A
single-family dwelling and a condominium unit shall be considered
a "dwelling unit."
Any man-made object, not of a stationary nature, and not
a structure, located on any premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by spraying,
poisoning, fumigating or trapping; or by any other recognized and
legally approved pest elimination methods approved by the Public Safety
Officer.
Two or more persons living together as a single nonprofit
housekeeping unit and doing their cooking on the premises; excluding,
however, occupants of a club, fraternity house, lodge, dormitory,
rooming house or nursing home which is not owned by the individuals.
Includes all vegetable and animal food wastes from preparation,
cooking and serving of food; market wastes; and wastes from the handling,
storage and sale of produce.
A room used or intended to be used for living, sleeping,
eating or cooking, excluding bathrooms, water closet compartments,
laundries, foyers, pantries, communicating corridors, stairways, closets,
basement recreation rooms and storage spaces.
A room, group of rooms or building used for assembling, disassembling,
fabricating, finishing, manufacturing, packaging, repair or processing
operations.
The presence in or swarming or overrunning of a dwelling
or a part thereof, inside or outside, by insects or pests or the presence
of rodents or vermin in or outside the dwelling or any part thereof.
The Director of License and Inspections and/or a duly authorized
agent of the Department of License and Inspections or other duly authorized
representative of the Township.
Any dwelling or part thereof containing more than two dwelling
units.
Consists of five or more dwelling units rented, leased or
let out.
The Township of Springfield located within the County of
Delaware, Commonwealth of Pennsylvania.
Any person, including an owner or operator, living or sleeping
in a dwelling or rooming unit, or working in a commercial, business
or office unit.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
The part of a window which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person having charge, care, management or control of
any building or part of it in which dwelling units or commercial,
business or office units are let. For the purpose of this definition,
a real estate agent collecting the rent shall be presumed to be an
operator. Such presumption shall be overcome if said rental agent,
within five days receipt of notice of alleged violation, advises the
License and Inspections Officer, in writing, that he has no authority
to spend money to alter, improve, manage or repair the premises involved
and gives the correct name and address of his principal.
Any person who alone, jointly or severally with others, holds
legal or equitable title to any building, equipment or premises as
defined in this section. Beneficiaries under any trust or estate shall
not be deemed to hold legal or equitable title to any premises.
Any individual, firm, corporation, association or partnership
or any other legal entity.
The Plumbing Code of the Township of Springfield and all
rules and regulations adopted thereunder.
Water-heating facilities, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, pumps, vents and other similar supplied fixtures,
together with all connections to water or sewer lines.
Shall consist of land, buildings, structures, yards and other
improvements for the use of operating a rental unit(s).
Consists of four dwelling units rented, leased or let out.
Consists of any type of unit or units rented, leased or let
out, including but not limited to business unit(s), commercial unit(s),
dwelling unit(s), hotel(s), office unit(s), motel(s), multifamily
dwelling(s), rooming house, rooming unit(s), single-family dwelling(s)
and storage unit(s) as defined herein.
Any dwelling or part thereof containing more than one rooming
unit in which space is let to one or more persons.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
Includes all solid wastes having combustibles and noncombustibles,
such as cans and bottles, exclusive of garbage.
A dwelling containing no more than one dwelling unit.
A building, structure, or portion thereof used for storage.
Installed, furnished or provided by the owner or operator
at his expense.
Any unit not in accordance with the minimum standards of
this Code.
Structurally unsafe or unsound, unstable, unsanitary, inadequately
provided with exit facilities, constituting a fire or health hazard,
unsuitable or improper for use or occupancy, constituting a hazard
to health or safety or public morals because of inadequate maintenance,
dilapidation, obsolescence or abandonment or otherwise dangerous to
life or property.
All grounds, lawns, courts, walks, driveways or other open
space constituting part of the same premises as a dwelling, and is
includable in the definition of "property."
A.
No person shall operate or rent any property subject to the provisions
of this chapter without complying with the inspection and licensing
requirements of this chapter. The following types of structures and
uses [collectively "rental unit(s)"] are subject to the requirements
of this chapter, collectively:
B.
No person, firm or corporation owning, managing, conducting and/or
operating a rental unit(s) shall rent, lease, let out or permit the
same to be occupied without first securing the following:
(1)
An annual certificate of use for each occupied rental unit issued
pursuant to this chapter and other applicable ordinances, regulations
and/or rules enacted by the municipality.
(2)
A certificate of use for every vacant rental unit issued pursuant
to this chapter and other applicable ordinances, regulations and/or
rules enacted by this municipality.
C.
A new certificate of use shall be required whenever there is a change
in ownership of the property or whenever there is a change of leasee(s).
D.
The License and Inspections Officer and/or his agent(s) are hereby
authorized and directed to process all applications for certificates
of use and, prior to the issuance of same, to determine that all the
requirements of this chapter and all other applicable ordinances,
regulations and/or rules enacted by this municipality are met.
F.
Fee(s) must be paid when applying for the certificate of use.
G.
In the event a dwelling unit property receives multiple citations
for violations of any and all applicable Township ordinances and regulations
within a twelve-month period and any of such violations remain unabated
for a period in excess of 30 days, the Director of the License and
Inspections Department and/or Township Manager shall issue notice
to the property owner and tenants thereof that the annual certificate
of use is revoked.
[Amended 11-12-2019 by Ord. No. 1603]
H.
Every license shall conspicuously specify the maximum number of occupants
permitted to occupy the building/structure/room.
I.
Every structure subject to the provisions of this chapter shall conspicuously
display the current license.
J.
Whenever any inspection required under this chapter reveals conditions
or practices existing in violation of this chapter and all other applicable
ordinances, regulations and/or rules enacted by this municipality,
written notice of the unacceptable conditions and practices shall
be provided to the owner or operator, with a direction to correct
such conditions or ceases such practices by a date certain. The written
notice shall also include notice of the right to appeal and the method
to perfect such appeal.
K.
Any person whose license has been suspended or who has received a
notice to correct conditions or to cease practices shall have a right
to appeal. Unless a written request for an appeal has been filed with
the Township, a license shall be automatically suspended on the date
specified in the written notice as the last date within which to correct
the conditions noted therein to bring the property into compliance.
A.
Upon display of proper identification, the inspector is authorized
to enter, examine and survey such units on weekdays between 9:00 a.m.
and 4:00 p.m. or at such time as may be necessary in an emergency
or to verify a violation of any Township codes and/or regulations.
B.
The License and Inspections Officer, Health Officer and/or their
agent(s) are authorized to make annual inspections of exterior and/or
common areas.
C.
Upon change of leasee and/or ownership, the dwelling unit(s) will
be inspected.
D.
Complaints will be followed up with an inspection.
At reasonable times, every occupant of a rented, leased or let
out rental unit shall grant to the landlord, or his agents/employees,
free access for the purpose of making repairs or alterations to comply
with Township ordinances.
All information required to be procured and kept pursuant to
this chapter shall be provided to any federal, state or local sworn
law enforcement officer having the lawful power to arrest, upon demand
of the officer and a representation by said officer, that a reasonable
suspicion exists that such information is relevant to a then-pending
inquiry or investigation. Nothing in this requirement shall be construed
as giving any such officer any greater right or license to enter a
rental unit or invade privacy than the officer shall otherwise possess
as a matter of common law, probable cause, constitutional law, statutory
right or warrant.
A.
Whenever the License and Inspections Department determines that there
has been a violation of any of the provisions of this chapter, notice
of such violation shall immediately be provided by first-class mail,
return receipt requested, to the person or persons responsible therefor
at the address set forth in the license or the license application.
Included in such notice shall be the date by which remedial action
must be taken, as well as an explanation of the method and time within
which to file an appeal.
B.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, be subject to a fine up to $1,000 per day
per violation plus all court costs, including reasonable attorney
fees incurred by the Township.
C.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice.
Thereafter, each day that a violation continues shall constitute a
separate violation. All judgments, costs and reasonable attorney fees
collected for such violation shall be paid over to Springfield Township.
All appeals under this chapter shall be to the Springfield Township
Uniform Construction Code Board of Appeals (UCC Board of Appeals),
in accordance with the provisions and procedures as contained in the
UCC. Any person directly affected by notice or order issued under
this chapter shall have the right to appeal to the UCC Board of Appeals,
provided that a written application for appeal is filed within 20
days after the day the decision, notice or order was served. An application
for appeal shall be based on a claim that the true intent of this
chapter or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this chapter do not fully apply, or
the requirements of this chapter are inadequately satisfied by other
means.
In addition to all other remedies and penalties provided by
this chapter and other ordinances, the Township Solicitor shall bring
suit in a court of competent jurisdiction to seek an injunction or
other appropriate relief to halt any violation of this chapter. Such
action may include seeing a temporary restraining order to temporary
injunction and other appropriate temporary relief. Nothing in this
chapter shall be deemed to restrict a suit for damages on behalf of
the Township or on behalf of any other person or entity.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or other provision of the Code of Springfield
Township existing on the effective date of this chapter, the provision
which establishes the more restrictive standard for the promotion
and protection of the health and safety of the occupants shall prevail.
In any case where a provision of this chapter is found to be in conflict
with a provision of any other ordinance or the Code of Springfield
Township existing on the effective date of this chapter which establishes
a lower restrictive standard for the promotion and protection of the
health and safety of the citizens, the provisions of this chapter
shall be deemed to prevail, and such other ordinances or codes are
hereby declared to be repealed to the extent that they may be found
in conflict with this chapter.
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional or illegal,
such decision shall not affect the validity of the remaining portions
of this chapter. The Board of Commissioners of Springfield Township
hereby declares that it would have passed this chapter, and each section,
subsection, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases
be declared unconstitutional.
This chapter and the rules, regulations, provisions, requirements
and matters established and adopted hereunder shall take effect and
be in full force and effect immediately from and after the date of
its final passage and adoption by the Board of Commissioner of Springfield
Township.
