[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity 6-8-2023 by Ord. No. O-4-2023. Amendments noted where applicable.]
A.
Purpose; scope; declaration of policy and findings; short title.
(1)
It is the purpose of this chapter and policy of the Board of Supervisors
of the Township of Unity to protect and promote the public health,
safety and welfare of its citizens, to establish rights and obligations
of owners and occupants in the rental and occupancy of certain dwelling
units in the Township and to encourage owners and occupants to maintain
and improve the quality of rental housing within the community. It
is also the policy of the Township that owners, managers and occupants
of rental properties share responsibility for obeying the various
codes adopted for the protection of the public health, safety, welfare
and well-being. As a means to those ends, this chapter provides for
a system of inspections, the issuance and renewal of occupancy permits
and sets penalties for violations. This chapter shall be liberally
construed and applied to promote its purposes and policies.
(2)
In considering the adoption of this chapter, the Board of Supervisors
of the Township of Unity makes the following findings:
(a)
There is a greater incidence of violations of various codes
and ordinances of the Township on residential properties, where such
properties are rented to or occupied by four or more unrelated individuals,
than family-occupied residential rental properties.
(b)
There is a greater incidence of decline in the maintenance and
upkeep of residential properties where such properties are rented
to or occupied by four or more unrelated individuals than family-occupied
residential rental properties.
(c)
There is a greater incidence of disturbances which adversely
affect the peace and quiet of the neighborhood at residential properties
where properties are occupied by or rented to, four or more unrelated
individuals than family-occupied residential rental properties.
(d)
Short-term rentals of homes located in a single-family residential
zoning district, including the use of same for a bed-and-breakfast,
undoubtedly affects the essential character of a neighborhood and
the stability of a community.
(e)
Short-term tenants and occupants of bed-and-breakfasts have
little interest in public agencies or in the welfare of the citizenry.
They do not participate in local government, coach little league,
or join the hospital guild. They do not lead a scout troop, volunteer
at the library, or keep an eye on an elderly neighbor. They are here
today and gone tomorrow, without engaging in the sort of activities
that weld and strengthen a community.
(f)
The permanence and stability of people living in single-family
residential zoning districts creates a sense of community, cultivates
and fosters relationships, and provides an overall quality of a place
where people are invested and engaged in their neighborhood and care
about each other.
(g)
Short-term commercial occupancies, including bed-and-breakfasts,
have the effect of hotels or motels and, when located within a residential
zoning district, have a greater impact on surrounding residential
properties than occupancies by a single family.
(h)
Homes occupied by four or more persons unrelated by blood or
marriage, students, bed-and-breakfasts and short-term commercial occupancies
are at greater risk for damage, decreased maintenance and declining
physical conditions, which could subject the occupants to increased
risks of harm.
(i)
There is a greater incidence of disturbances which adversely
affect the peace and quiet of the neighborhood where properties are
occupied by college students than family-occupied residential rental
properties.
(j)
There is a greater need to protect occupants of group homes
from incidents of disturbance caused by other occupants of the home,
to ensure their living accommodations are adequate and to ensure and
promote their health, safety and welfare.
(k)
It is necessary for the protection of the health, safety and
welfare of the occupants of such homes, as well as the health, safety
and welfare of the owners of adjacent properties, to provide a procedure
for the periodic inspection, registration and reasonable regulation
of rental properties occupied by four more persons unrelated by blood
or marriage, students, group homes, bed-and-breakfasts and/or used
for short-term commercial occupancies.
(3)
This chapter shall be hereafter known as, the "Township of Unity
Regulated Rental Unit Ordinance."
B.
CODE
CODE OFFICER
COMMON AREA
DISRUPTIVE CONDUCT
DISRUPTIVE CONDUCT REPORT
GUEST
LANDLORD
MANAGER
MULTIPLE-UNIT DWELLING
OCCUPANCY PERMIT
OCCUPANT
OWNER
OWNER-OCCUPIED DWELLING UNIT
PERSON
POLICE
PREMISES
REGULATED RENTAL UNIT
RENTAL AGREEMENT
TENANT
TOWNSHIP
UNRELATED
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any code or ordinance adopted, enacted, and/or in effect
in and for the Township concerning fitness for habitation or relating
to the construction, maintenance, repair, operation, occupancy, use
or appearance of any premises or dwelling unit, as same may exist
on the date this chapter becomes effective, or as same may be amended
from time to time, or as may be hereafter enacted by the Township
relating to same.
Any duly appointed building code official, building inspector
zoning officer and/or code enforcement officer(s) in charge of the
enforcement of any code, ordinance or law within the Township, and/or
any assistants or deputies thereof.
In multiple-unit dwellings, space which is not part of a
regulated rental unit, but which is shared with other occupants of
the dwelling whether they reside in regulated dwelling units or not.
Common areas shall be considered as part of the premises for purposes
of this chapter.
Any form of conduct, action, incident or behavior perpetrated,
caused or permitted by any occupant or visitor to a regulated dwelling
unit that is so loud, untimely (as to hour of the day), offensive,
riotous, or that otherwise disturbs other persons of reasonable sensibility
in their peaceful enjoyment of their premises such that a complaint
is made to police complaining of such conduct, action, incident or
behavior. It is not necessary that such conduct, action, incident
or behavior constitutes a criminal offense, nor is it required that
criminal charges be filed for a person to have caused, or engaged
in the commission of disruptive conduct; provided, however, that no
disruptive conduct shall be deemed to have occurred unless the police
or code officer investigate and make a determination that such occurred.
A written report of disruptive conduct on a form to be prescribed
by the Township, to be completed by the code officer who actually
investigates an alleged incident of disruptive conduct. A disruptive
conduct report may also be a police report or other investigation
report prepared by a police officer who investigates an alleged incident
of disruptive conduct; provided, however, that the code officer, in
their discretion, determines that the information contained in the
police or other investigative report rises to the level of disruptive
conduct and prepares a disruptive conduct report. A copy of all disruptive
conduct reports shall be maintained by the code officer and Township
Secretary.
Any person on the premises with the actual or implied consent
of the owner or an occupant.
Any corporation, partnership, entity or one or more persons,
jointly or severally, vested with 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. (See also "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 chapter and under rental agreements with occupants.
A building containing two or more independent dwelling units,
including, but not limited to, a duplex, row houses, townhouses, condominiums,
apartment buildings and conversion apartments.
The permit issued to the owner of a regulated rental unit
under this chapter required for the lawful rental and occupancy of
regulated rental units.
An individual who occupies a regulated rental unit, whether
or not he or she is the owner thereof, with whom a legal relationship
with the owner/landlord or another occupant is established by an employment
agreement, written lease, oral lease, installment land sale agreement,
agreement of sale, short-term rental agreement or any other form of
written agreement or understanding of any kind permitted by the laws
of the Commonwealth of Pennsylvania. For purposes of this chapter,
an "occupant" shall also mean each and every person or persons, employed
either by the owner, landlord, individually or through a service,
corporation, firm or other third-party business entity, to provide
services to an occupant of the regulated rental unit on a twenty-four-hour
per day basis, either on a full time, in-house or rotating shift basis.
Any corporation, partnership entity or firm, or one or more
persons, jointly or severally, in whom is vested all or part of the
legal title to a 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.
A dwelling unit in which the owner resides on a regular or
permanent basis.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity. For
purposes of this chapter, a "person" shall also mean any person or
persons, employed either by the owner or landlord, individually or
through a service, corporation, firm or other business entity, to
provide services to an occupant of the regulated rental unit on a
twenty-four-hour-per-day basis, either full time and in-house or on
a rotating or shift basis.
The Pennsylvania State Police, or any properly authorized
member or officer thereof, or any other law enforcement agency having
primary or secondary jurisdiction within the Township.
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 dwelling unit occupied by four or more occupants who are
unrelated by blood or marriage under a rental agreement, or a boardinghouse,
group home, student home, bed-and-breakfast or a short-term rental
as same is defined in the Unity Township Zoning Ordinance.[1]
A written or oral agreement, installment land sale contract,
agreement of sale, or other written or oral understanding or agreement
entered between an owner/landlord and occupant/tenant, embodying the
terms and conditions concerning the use and occupancy of a specified
regulated rental unit or premises, together with and including and
sublease or agreement to sublet thereunder.
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 or lease or understanding,
or by the laws of the Commonwealth of Pennsylvania. (See also "occupant.")
The Township of Unity, Westmoreland County, Pennsylvania.
Of or pertaining to four or more persons not related to one
another through blood to the level of second cousins, adoption or
marriage.
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 those provisions
of all other applicable state laws, regulations and local ordinances,
and to keep such property in good safe condition.
(2)
As provided for in this chapter, 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 chapter,
every owner shall also be responsible for regulating the conduct and
activities of the occupants of every regulated rental unit which he,
she or it owns in the Township, consistent with the terms of this
chapter, when such conduct or activity takes place at such regulated
rental unit or upon its premises.
(3)
In order to achieve those ends, every owner of a regulated rental
unit shall be responsible for 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 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 which would form the basis of any private cause of action,
civil or criminal enforcement proceeding; 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 or criminal liability
upon owners other than that which is imposed by existing law.
(5)
This chapter shall not be deemed or construed to limit any other
enforcement remedies which may be available to the Township against
an owner, occupant, or guest thereof under any other ordinance, statute,
law, rule or regulation providing a remedy, punishment or penalty
for a violation.
B.
Registration, inspection and maintenance of premises and lease terms.
(1)
Registration and permitting. Each regulated rental unit shall comply
with all requirements of the Township's Zoning Ordinance and,
where applicable, the Township's Subdivision and Land Development
Ordinance.[1] Each regulated rental unit shall also be registered with
the Township and must obtain a regulated rental unit occupancy permit
for same. The owner of a regulated rental unit shall be responsible
for making application for the premises to be registered as a regulated
rental unit, cause the premises to be inspected by the Township and
obtain a separate occupancy permit under the Uniform Construction
Code for same prior to causing the premises to be occupied. For purposes
of this chapter:
(a)
The registration application for a student home or group home
shall include the names and contact information of the persons or
students occupying the premises;
(b)
The registration application for a regulated rental unit occupied
by four or more unrelated persons for any occupancy other than a short-term
occupancy shall include the names and contact information of the persons
occupying the premises;
(c)
The registration application for a bed-and-breakfast or other
short-term rental shall include the names and contact information
of the principals, members, officers or directors of any commercial
business enterprise who is an owner of the premises, along with the
names of any full-time occupants of same.
(2)
Inspections by Township. To ensure the leased premises' compliance
with applicable codes, ordinances and laws of the Commonwealth, the
owner must request a preliminary inspection of any premises by the
code officer designated and/or appointed by the Township at the time
the initial application for a permit under this chapter is made. The
fees for such inspection shall be established by the Unity Township
Board of Supervisors by resolution hereafter. In the event such preliminary
inspection reveals conditions which would affect immediate occupancy,
or adversely affect the health, safety and welfare of the occupants,
the Township shall not issue a permit for such occupancy until those
conditions have been corrected. In the event such inspection reveals
areas of noncompliance that do not affect immediate occupancy, or
the health, safety and welfare of the occupants, the Township may
issue a temporary occupancy permit hereunder, conditioned upon the
completion of any required repairs within a time period established
by the Township. The time for compliance shall be set forth in the
temporary permit. The failure to complete such repairs within the
required time period shall be a violation of this chapter and subject
the owner to those penalties hereunder, including the revocation of
the temporary permit.
(3)
Maintenance. The owner shall maintain the premises in compliance
with the applicable codes and ordinances of the Township, together
with all applicable laws of the Commonwealth of Pennsylvania and shall
regularly perform all routine maintenance, including, but not limited
to, lawn mowing and ice and snow removal, and shall promptly make
any and all repairs necessary to comply with same.
(4)
Notice required. All occupants of regulated rental units shall be
provided with the notice attached hereto as Appendix A[2] by conspicuously posting a copy of same on the property.
No oral leases and no oral modifications thereof are permitted. Such
notice shall clearly state that the entry into a rental agreement
with the owner shall operate as the consent of the occupant and owner/landlord
to the release of citations, incident reports, evaluations and other
documents not protected by a privilege from police, social services
or other investigative agencies that may be material to the Township's
investigation of incidents of disruptive conduct. The failure of the
owner to provide such notice or keep same conspicuously posted on
the property is a violation of this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(5)
Terms and conditions. Owner and occupant may include in a rental
agreement terms and conditions not otherwise prohibited by this chapter
or other applicable ordinances, regulations, and laws, including,
but not limited to, rent, the term of the agreement, and other provisions
governing the rights and obligations of the parties.
(6)
Prohibited provisions. Except as otherwise provided in this chapter,
no rental agreement may provide that the occupant or owner agrees
to waive or forego rights or remedies under this chapter. No provision
prohibited by this subsection, that is included in a rental agreement,
may be raised as a defense in any enforcement proceeding under this
chapter.
(7)
Common areas. Where an owner does not by the terms of a lease regulate
the use of common areas or the behavior of occupants and/or guests
in the common areas, the owner shall be deemed directly responsible
for the behavior of occupants and guests in the common area as if
the owner were an occupant.
(8)
Inspections by Township. In addition to the initial and annual inspection
of the premises, the owner shall permit inspections of any premises
by any code officer at reasonable times, upon reasonable notice, as
part of an investigation of a report of disruptive conduct or violation
of any code or ordinance of the Township.
(9)
Compliance with terms of ordinance. No owner shall let, lease, permit
or approve a sublease, or otherwise enter into any rental agreement
for a regulated rental unit, or cause to let, lease, permit or approve
a sublease, or otherwise enter into any rental agreement for a regulated
rental unit, without first applying for a permit under this chapter
and submitting the premises for inspection by the code enforcement
officer, or other representative of the Township, to ensure the compliance
with the terms of this chapter and/or any other code and/or ordinance
of the Township associated with or applicable to, the occupancy of
rental units within the Township and/or building codes and standards
associated with same. No owner shall let, lease, permit or approve
a sublease or otherwise enter into any rental agreement for a regulated
rental unit, where either the terms of the rental agreement and/or
the physical condition of the premises fails to comply with all terms
and conditions of this chapter or any other ordinance in effect in
the Township applicable to same, such other ordinances being deemed
to include, but not be limited to, the Township's Dangerous Buildings
and Properties Ordinance[3] and the Pennsylvania Uniform Construction Code as adopted
and implemented by the Township. The failure to comply with this provision,
or any other provision or requirement of this chapter shall be a violation
thereof and subject the violating party to any and all sanctions,
penalties and/or remedies available to the Township as set forth herein.
(10)
Notice of change in occupancies and ownership. It shall be the duty
of each owner of a regulated rental unit to notify the Township, in
writing, of any change in ownership of the premises or of the number
of regulated rental units on the premises. It shall also be the duty
of the owner to notify the Township, 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
transforms the dwelling into a regulated rental unit for purposes
of this chapter. It shall be duty of the owner of a student home or
group home to notify the Township, in writing, of any change in occupants.
Any notice required in this section must be given within 10 days of
the date the change in ownership or occupancy occurs.
A.
General. The occupant shall comply with all obligations imposed upon
occupants by this chapter, all applicable codes and ordinances of
the Township and all applicable provisions of state law. Upon request
of the Township, the occupant or occupants shall provide proof of
the relationship between the occupants sufficient to determine whether
the rental unit requires registration. In the event any occupant fails
or refuses to provide such information, or has submitted information
the Township believes to be false, the Township may, at its discretion,
seek the issuance of an administrative warrant or take any other action
permitted by law to obtain such information or verify the information
submitted. If it is subsequently determined that a rental unit required
registration under this chapter, such failure or refusal to provide
this information, or the occupant's submission of false information,
shall be a separate and distinct violation of this chapter, and, in
addition to any other penalty for violation hereunder, preclude the
registration of the rental unit hereunder and its continuing occupancy
as a regulated rental unit under this chapter.
B.
Health and safety regulations.
(1)
Maximum density of occupation. The maximum number of persons permitted
within the interior of any regulated rental unit at any time shall
not exceed one person for each 50 square feet of habitable floor space
in said regulated rental unit. Habitable floor space shall exclude
all hallways, bathrooms, closets and other storage areas on the property.
The maximum number of persons permitted in the common areas of any
multiple-unit dwelling at any time shall not exceed one person for
each 25 square feet of common area on the premises. The maximum number
of persons permitted on the exterior of the premises of any regulated
rental unit at any time shall not exceed one person for every 300
square feet of exterior area.
C.
Peaceful enjoyment. All occupants shall conduct themselves and require
other persons, including, but not limited to, guests on the premises
and within their 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, nor disturb the peaceful enjoyment
of adjacent or nearby dwellings by the persons occupying same.
D.
Residential use. No occupant shall, unless otherwise permitted by
applicable law or ordinance, occupy or use his or her regulated rental
unit for any other purpose than as a place for residential occupancy.
E.
Illegal activities. No occupant shall engage in, tolerate or permit
others on the premises to engage in any conduct declared illegal under
Pennsylvania Crimes Code (18 Pa.C.S.A. 101, et seq.), the Pennsylvania
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.).
A.
Prohibition. No occupant shall engage in, tolerate or permit others
on the premises to engage in disruptive conduct, illegal activities
as set forth above, or other violations of this or any other Ordinance
in effect within the Township. No owner shall engage in, tolerate
or permit occupants or others on the premises to engage in disruptive
conduct, illegal activities as set forth above, or other violations
of this or any other ordinance in effect within the Township.
B.
Reports. When police or a Township Code Officer investigates an alleged
incident and finds that the reported incident constituted "disruptive
conduct" as defined herein, they shall complete a disruptive conduct
report. The 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 reported. Copies of any and all reports generated by the police
or social service agencies shall be forwarded by the occupant and/or
the owner to the Code Officer within five days of their receipt for
disposition under this chapter. Nothing in this section shall be deemed
or construed to prohibit the police from pursuing independent criminal
charges, or a social service agency from removing an occupant, when
same are found to be warranted by the police or social service agency
investigation.
C.
Notice of report. The Code Officer shall thereafter mail a copy of
the disruptive conduct report to the owner within five business days
of the Code Officer's completion of same.
D.
Owner corrective action. Within five days after receipt of written
notice from the Code Officer that an occupant of a regulated rental
unit has violated a provision of this chapter, the owner shall take
immediate steps to remedy the violation and assure there is not a
reoccurrence of the violation.
E.
Corrective action plan reporting. Within 10 days after receipt of
a notice of violation, the owner shall file with the Code Officer
a report, on a form provided by the Township, setting forth what action
the owner has taken to remedy the violation and what steps he or she
has taken to prevent a reoccurrence of the violation. The report shall
also describe and detail a plan the owner will implement in the future
if the violation reoccurs.
F.
Subsequent violations. In the event that a second violation occurs
within a permit year involving the same occupant or occupants, such
violation shall be reported to the Township Board of Supervisors.
Thereafter, Board of Supervisors may, in addition to any other remedy
set forth herein, direct the owner to evict the occupants who violated
this chapter and not permit the occupants to occupy the premises during
any subsequent permit period.
A.
Permit requirements.
(1)
Permit applications. Permits are required for all regulated rental
units. Prior to the entry into a rental agreement or permitting the
occupancy of any regulated rental unit the owner of every such regulated
rental unit shall apply for and obtain a permit for each regulated
rental unit from the Township.
(2)
Form of permit. The application for the permit shall be in a form
determined by the Township.
(3)
List of occupants. The owner shall maintain a current list of occupants
in each regulated dwelling unit. Such list shall include the name,
permanent address and telephone number of each occupant. Except for
bed-and-breakfasts and other short-term rentals, the owner shall notify
the Township of any changes in the names of any occupants, or the
number of occupants, so that revisions can be made to the permit.
For bed-and-breakfasts and other short-term rentals, the owner shall
keep a log containing the names, addresses and phone numbers of all
persons occupying the premises for each calendar year and make same
available to the Township or any law enforcement official upon written
request. For group homes the owner shall produce sufficient evidence
to determine that any new occupant suffers from "a mental or physical
impairment which substantially limits one or more of such person's
major life activities" under the Fair Housing Act.[1]
[1]
Editor's Note: See 42 U.S.C. 3601 et seq.
B.
Annual permit term, fees and occupancy limits.
(1)
Term. Each permit shall have an annual term running from the date
of the initial permit's issuance.
(2)
Permit and inspection fees. Upon application for a permit, and prior
to issuance or renewal thereof, each applicant shall pay to the Township
an annual permit and inspection fee, in an amount to be established
from time to time by resolution of the Township Board of Supervisors.
Such resolution may provide for more than one fee scale for different
categories of premises, as defined in such resolution. Such resolution
shall also provide for the manner in which the initial permitting
of regulated rental units under this chapter will be administered.
(3)
Permit reporting. The permit shall indicate thereon the maximum number
of occupants in each regulated rental unit and the names of each occupant
of same.
(4)
Posting on premises. A copy of the permit shall be kept in the regulated
rental unit and made available for inspection by the Township or police
during any investigation of a disturbance herein.
C.
Inspections.
(1)
Authorized. Each regulated rental unit required to be registered
as a regulated rental unit under this chapter shall be subject to
inspections as follows:
(a)
An inspection prior to the date any permit for the initial use
or occupancy of the residence as a regulated rental unit is issued;
(b)
An inspection upon a change in ownership of the property;
(c)
An inspection upon a report of disruptive conduct or other violation
of this chapter;
(d)
Any other inspections deemed necessary by the Code Enforcement
Officer when, upon reasonable belief, it appears conditions exist
on the premises that could pose a threat to the occupants of the premises
or a threat to the public health, safety and/or welfare in general;
and
(e)
A routine inspection to be scheduled by the Township not less
than once every three years.
(2)
Conduct and scope. All inspections shall be conducted by a Code Officer
of the Township of Unity or their designee, and be coordinated through
the Office of the Code Officer. All inspections shall assess whether
the condition of the premises complies with the requirements of the
Township's Dangerous Buildings and Grounds Ordinance, Unity Township
Fire Code and Uniform Construction Code.
(3)
Notice of inspection. The Code Officer shall notify the property
owner of the time, date and place any such inspection will occur.
It will then be the responsibility and obligation of the owner of
the property to make the premises available to the Code Officer at
the time and date scheduled for same.
(4)
Notice of deficiencies. Within five days following the completion
of the inspection, the Building Code Inspector shall notify the owner
of the property, in writing, of any conditions upon the property which
fails to comply with the provisions of the aforesaid Dangerous Buildings
and Grounds Ordinance, Fire Code and/or Uniform Construction Code
and establish a time period in which the owner may correct those deficiencies.
Such notice shall also set a date and time for re-inspection of the
premises to ensure that such deficiencies have been properly corrected.
(5)
Permit withholding. No permit for the use or occupancy of any property
as a regulated rental unit shall issue or be renewed, unless and until
the condition of the property is in compliance with the Township's
Dangerous Buildings and Grounds Ordinance, Fire Code and/or Uniform
Construction Code.
(6)
Corrections required. Any violations or deficiencies determined to
exist by the Code Officer shall be remedied pursuant to the terms
of the ordinance under which the violation or deficiency occurs as
such ordinance may be in effect within the Township at the time the
inspection occurs.
(7)
Denial of permit. The failure of an owner or occupant to permit access
to the premises to perform any such inspection, or the failure to
correct any violation or deficiency within time limitations established
for same, shall be cause for the denial of any permit to occupy the
premises.
D.
Search warrants. In the event the police or Code Officer are denied
access to a premises or documents or other materials deemed necessary
for the investigation of an incident of disruptive conduct, following
request, and upon a showing of probable cause that a violation of
this chapter or any other ordinance of the Township has occurred,
or upon a showing that the police or Code Officer are otherwise entitled
under the laws of the Commonwealth of Pennsylvania to the issuance
of an administrative warrant, the police or Code Officer may apply
to the Magisterial District Judge or other authority having jurisdiction
in the Township for a warrant to enter and inspect the premises, or
to obtain from the owner of the premises any such evidence that a
violation of this chapter, or any other ordinance herein described,
has occurred or is occurring.
A.
General. The Board of Supervisors of Unity Township, or those representatives
thereof herein described, may initiate or cause the initiation of
disciplinary action against an owner, including, but not limited to,
the initiation of a corrective action plan, nonrenewal, suspension
and/or revocation of the owner's permit, following a finding
that disruptive conduct has occurred on the property, or for violation
of any provision of this chapter that imposes a duty upon the owner
for failing to regulate the breach of duties by occupants as provided
hereafter.
B.
Remedial measures defined. Remedial measures imposed by the Township
may include, but shall not be limited to, the following:
(1)
Corrective action plans. Following the receipt of a disruptive conduct
report and a finding that disruptive conduct has occurred, the Township
shall require the owner to submit a corrective action plan detailing
how the owner has corrected, or intends to correct, the disruptive
conduct. Such report shall be in writing, dated and signed by the
owner. Following submission of such report, the Code Enforcement Officer
may affirm, modify or reject such plan in its entirety and notify
owner of same. In the event of a total rejection of the owner's
plan, the Code Enforcement Officer shall prepare a corrective action
plan on behalf of the Township and notify owner of same. The failure
of the owner to submit a corrective action plan within five days of
the date of any notice to the owner to submit same shall be a violation
of this chapter and shall cause the Code Enforcement Officer to prepare
and enforce a corrective action plan to remedy the disruptive conduct.
Nothing in this subsection shall be deemed or construed to prevent
the Township from taking any other remedial measures available to
it at law, in equity or under the terms of this chapter to abate the
conditions on the premises that lead to the disruptive conduct.
(2)
Nonrenewal of permit. Nonrenewal is the denial of the privilege to
apply for permit renewal after expiration of the permit term. The
Township may permit the owner to maintain occupants in the premises
until the end of the permit term but will not accept applications
for renewal of the permit until a time set by Township Board of Supervisors.
(3)
Suspension of permit. A suspension is the immediate loss of the privilege
to rent regulated rental units for a period of time set by the Township.
The owner, after the expiration of the suspension period, may apply
for permit renewal without the need to show cause why the owner's
privilege to apply for a permit should be reinstated. Upon suspension,
the owner shall take immediate steps to evict the occupants.
(4)
Removal of occupant. Removal is the immediate eviction or removal
of one or more occupants from a regulated rental unit who are determined
by the Township to be involved in one or more incidents of disruptive
conduct, while authorizing other uninvolved occupants to remain on
the premises.
(5)
Revocation of permit. Revocation is the immediate loss of the privilege
to rent a regulated rental unit or units for a period of time set
by the Township and the loss of the privilege to apply for renewal
of the permit at the expiration of the time period. Upon the loss
of privilege to rent, the owner shall take immediate steps to evict
the occupants.
(6)
Judicial remedies upon failure to enforce. In the event the owner
fails to take action to evict the occupants after receiving notice
to do so, then the Township may initiate any action, at law or in
equity, to evict such occupants and collect all costs and expenses
thereof, including reasonable attorney's fees, from the owner.
Such costs, expenses and attorney's fees shall be collected by
the Township through any action available to the Township for the
collection of debt, including, but not limited to, the initiation
of a civil action or the filing of a municipal claim against the property
and execution upon same.
C.
Considerations in applying remedial measures. The Code Enforcement
Officer when issuing a disruptive conduct report, and/or in reviewing,
recommending and/or applying any remedial measures hereunder, shall
take in to consideration the following factors:
(1)
The effect of the violation on the health, safety and welfare of
the occupants of the regulated rental unit and other occupants of
the premises.
(2)
The effect of the violation on the neighborhood and/or the occupants
of surrounding properties.
(3)
Whether the owner has prior violations of this chapter and/or other
ordinances of the Township or has received prior notices of violations
for same.
(4)
Whether the owner has been subject to disciplinary proceedings under
this chapter.
(5)
The effect of disciplinary action on the occupants.
(6)
The action taken by the owner to remedy the violation and to prevent
future violations, including any written plan submitted by the owner.
(7)
The policies and lease language employed by the owner to manage the
regulated dwelling unit to enable the owner to comply with the provisions
of this chapter.
(8)
Any limitations on evictions or other disciplinary actions imposed
under the Federal Fair Housing Act, or any other state or federal
law, rule or regulation affecting or relating to same.
(9)
In addition to applying discipline as set forth above, the Code Officer
may recommend, and Township Board of Supervisors may impose upon the
existing or subsequent permits, reasonable conditions related to fulfilling
the purposes of this chapter.
D.
Grounds for taking remedial measures. Any of the following acts or
omissions may subject an owner to those remedial measures as provided
for in this article:
(1)
The failure to abate a violation of this chapter and/or other applicable
codes and ordinances that apply to the premises within the time directed
by the Township.
(2)
Engaging in conduct that interferes with or otherwise thwarts or
impedes the inspection of the premises by the police, a social service
agency providing services to an occupant of the premises, the Code
Officer or any other designated agent of the Township as required
by this chapter reasonably necessary for the enforcement of this chapter.
(3)
The failure to take steps to remedy and prevent violations of this
chapter by occupants of regulated rental units as required by this
chapter.
(4)
The failure to file and implement an approved plan to remedy and
prevent violations of this chapter by occupants of a regulated rental
unit as required by this chapter.
(5)
Failure to evict occupants after having been directed to do so by
the Township as provided for in this chapter.
(6)
Three related or unrelated violations of this chapter, or any other
ordinance of the Township that apply to the premises within a permit
term. For purposes of this chapter, there need be no criminal conviction
before a violation may be found to exist. Before a prior violation
can be considered under this section, the owner must have received
notice, in writing, of each violation pursuant to the terms of this
chapter.
E.
Procedure for nonrenewal, suspension or revocation of permit.
(1)
Notification and hearing. Following a determination by the Code Enforcement
Officer that a basis for the nonrenewal, suspension or revocation
of a permit exists, the Code Enforcement Officer shall notify the
owner of the action to be taken and the reasons for same. Such notification
shall be in writing, addressed to the owner in question, and shall
contain the following information:
(a)
The address of the premises in question and identification of
the particular regulated rental unit(s) affected.
(b)
A description of the violation which has been found to exist.
(c)
A statement that the permit for said regulated rental unit(s)
shall be either suspended or revoked, or will not be renewed for the
next permit year. In the case of a suspension or revocation, the notice
shall state the date upon which such suspension or revocation will
commence, and in the case of a suspension, shall also state the duration
of said suspension.
(d)
A statement that, due to the nonrenewal, suspension or revocation
(as the case may be), the owner or any person acting on his, her or
its behalf is prohibited from renting, letting, or permitting occupancy
of the dwelling unit(s) to more than four unrelated individuals subject
to said enforcement action, from and during the period said action
is in effect.
(e)
A statement informing the owner that he, she or it has a right
to appeal the decision suspending, revoking or declining to renew
the permit to the Board of Supervisors, by submitting, in writing,
to the Township Secretary, within 10 days from the date printed on
the notice, a detailed statement of the appeal including the grounds
therefore and the reason(s) alleged as to why the determination of
the Code Enforcement Officer is incorrect or should be overturned.
The appeal shall contain a statement of the relief requested by the
appellant. Such notice of appeal may be required to be submitted on
a form to be prescribed therefore by the Board of Supervisors, to
be signed by the appellant. There is hereby imposed a fee for filing
of such appeals, the amount of which shall be determined and established
from time to time by resolution of the Board of Supervisors.
(f)
Upon receipt of such an appeal in proper form, accompanied with
the requisite filing fee, the Township Secretary shall schedule a
hearing before the Board of Supervisors not more than 30 days from
the date on which the appeal is filed.
(g)
The appellant shall receive notice of the hearing on the appeal.
Notice of the hearing on appeal shall be sent to the appellant by
regular U.S. mail at the mailing addresses provided by the owner and/or
occupant of the premises or, in the absence of same, to that address
maintained for the owner of the premises in the Unity Township Tax
Office. Notice of the hearing shall also be sent to the tax mailing
addresses of all persons owning property within 100 feet of the regulated
rental unit.
(h)
The hearing on the appeal shall be conducted by Township Board
of Supervisors. The appellant and all other parties or persons having
an interest may be heard. Based on the facts and arguments of the
appellant and of the police, Code Enforcement Officer, social service
agency, or other public official(s) involved, and any relevant factual
presentations of other parties, the Supervisors shall render a decision
affirming, reversing or modifying the prior action from which the
appeal was taken. Such decision shall be issued at a public meeting
either immediately following the hearing, or within 30 days thereafter.
The decision shall be reduced to writing stating clearly the factual
and legal basis for the decision. If the Board of Supervisors deems
it necessary or desirable, it may continue the hearing to a subsequent
time and date not later than 30 days from the initial hearing, which
time and date shall be openly announced at the initial hearing and
in such case, the time limits for issuing the decision and reducing
it to writing set forth herein shall be calculated from the last hearing
date.
(2)
Delivery of notification. All notices shall be sent to the owner
by regular first-class U.S. Mail, postage pre-paid. Such notice shall
also be posted at a conspicuous place on the premises.
(3)
Right to appeal. Any person, owner or occupant aggrieved by a decision
of the Board of Supervisors may appeal such decision to the Court
of Common Pleas of Westmoreland County, Pennsylvania by filing a notice
of appeal, containing a concise statement of the legal and factual
basis for the appeal, within 30 days from the date the Township's
written decision is issued.
A.
Violations. It shall be unlawful for any person or owner of a regulated
rental unit for which a permit is required, to operate or engage in
the operation of a regulated rental unit without a valid, current
permit issued by the Township authorizing such operation. It shall
also be unlawful for any person or owner to allow the number of occupants
of a regulated rental unit to exceed the maximum limit as set forth
on the permit, or to violate or fail to otherwise comply with any
corrective action plan or any other term or provision of this chapter.
It shall be unlawful for any person, owner or occupant to violate
any term or provision of this chapter.
B.
Penalties and enforcement.
(1)
Any violation of this chapter shall constitute a summary offense
punishable, upon conviction by a court of competent jurisdiction,
by a fine not less than $300 nor more than $1,000 plus attorney's
fees and other costs of prosecution or, in default of payment of such
fine and costs, by a term of imprisonment not to exceed 30 days for
each offense. Each day a violation continues shall constitute a separate
and distinct offense without the necessity of filing a separate citation.
(2)
In addition to any fine or cost imposed herein, this chapter may
be enforced by the Township through an action at law or in equity
brought in the Court of Common Pleas of Westmoreland County, Pennsylvania.
In the event the Township is compelled to bring an action at law or
in equity to enforce the terms of this chapter, or any action taken
by the Township hereunder, the Township shall be entitled to recover
all legal fees, costs and expenses incurred by the Township in the
prosecution of such action from the violating property owner.
C.
All remedies cumulative. The penalty and enforcement provisions of
this chapter, and the permit renewal, nonrenewal, suspension and revocation
procedures provided in this chapter, shall be independent, and be
separate and cumulative remedies, all of which shall be available
to the Township to carry out the purpose and intent of this chapter.
The remedies and procedures provided in this chapter 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 chapter
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 chapter. The penalty and enforcement provisions and remedies
contained in this chapter are intended to be cumulative. Nothing in
this chapter shall be deemed or construed to prevent the Township
from enforcing this chapter by engaging in any other remedies to which
it may be entitled, at law, in equity or otherwise.
A.
Notices.
(1)
Presumption of receipt. There shall be a rebuttable presumption that
any notice required to be given to the owner under this chapter shall
have been received by such owner if the notice was given to the owner
in the manner provided by this chapter.
(2)
Ignorance not a defense. A claimed lack of knowledge by the owner
of any violation hereunder cited shall be no defense to permit 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 chapter.
(3)
All notices required under this section shall be in writing and addressed
to:
|
The Township of Unity
ATTENTION: CODE OFFICER
154 Beatty County Road
Latrobe, PA 15650
|
B.
Owners jointly and severally responsible. If any regulated rental
unit is owned by more than one person, in any form of joint tenancy,
in partnership, or otherwise, each person shall be jointly and severally
responsible for the duties imposed under the terms of this chapter,
and may be jointly and/or severally subject to prosecution for the
violation of this chapter.
C.
Severability. The terms, provisions and applications of this chapter
are severable. If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such holding
shall not affect the remaining provisions or applications of this
chapter. The remaining provisions and/or applications of this chapter
shall remain in full force and effect without the invalid provision
or application.
D.
Repealer. All Ordinances or parts of Ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
