[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 4-13-2023 by Ord. No. 1027.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Art. I, Notification of Occupancy, adopted 4-14-1983 by Ord. No. 461, as amended 12-8-1988 by Ord. No. 565, and Art. II, Licensing and Inspection, adopted 12-17-2009 by Ord. No. 886.
A. 
The purpose of this Chapter shall be to protect and promote the public health, safety and welfare of the Township's citizens and emergency services responders, to establish rights and obligations of owners and occupants relating to residential rental properties in the Township and to encourage owners and occupants to maintain and improve the quality of life and quality of rental housing within the Township. To accomplish such goals, this Chapter provides for the systematic registration, licensing, and inspection of residential rental properties within the Township, and penalties, to ensure said properties comply with applicable Township-adopted building, property maintenance, fire, and other codes and regulations.
B. 
In considering the adoption of this Chapter, the Township makes the following findings:
(1) 
There is a growing concern in the community with the appearance and physical condition of many residential rental properties;
(2) 
There is a perception and appearance of greater incidence of problems with the maintenance and upkeep of residential properties which are not owner-occupied as compared to those that are owner-occupied;
(3) 
Violations of maintenance codes are generally less severe and more quickly corrected at owner-occupied properties as compared to renter-occupied residential rental properties;
(4) 
A residential rental inspection program can avoid life-threatening problems, such as lack of functioning smoke detectors, faulty mechanical equipment and inadequate or unsafe electrical equipment;
(5) 
Township residents who rent a home deserve the same protections as Township residents who own a home;
(6) 
The Township is concerned with the condition of a property when emergency services respond, and for the safety of such emergency responders and general safety of the occupants;
(7) 
The Township desires to account for the number of occupied residential rental units and properties to further the accountability and safety of the property occupants.
The following words and phrases, as used in this article, shall have the meanings ascribed to them in this section, unless the context indicates a different meaning. Where terms are not defined in this section, such terms shall have ordinarily accepted meanings by use of definitions provided in the codes and standards as contained in the Code of the Township of Whitemarsh.
AGENT or REPRESENTATIVE
A person who shall have charge, care or control of any structure as owner, or agent of the property owner, or as executor, executrix, administrator, trustee or guardian of the estate of the property owner. Any such person representing the property owner shall be bound to comply with the provisions of this article to the same extent as if that person were the property owner.
APPLICANT
The property owner, buyer, or agent thereof, including but not limited to a realtor, broker, etc., who shall have control, authority and responsibility for the orderly processing of any real property regulated by this article.
BUILDING
Any structure occupied or intended for supporting or sheltering any occupancy. For application of this article, each portion of a building, which is completely separated from other portions by firewalls complying with the Whitemarsh Township Building Code[1] or completely detached from any other building shall be considered as a separate building.
BUILDING AND CODE DEPARTMENT
The Department of Building and Code of the Township of Whitemarsh charged with the enforcement of the Code of the Township.
CHANGE OF OCCUPANT
A change of occupant occurs when there is a change in the identities of any person constituting the occupant of the dwelling unit on the residential rental license or a change in the number of persons occupying the dwelling unit.
CODE
Any code or ordinance adopted, enacted and/or in effect in the Township of Whitemarsh concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any buildings, structures, and/or portions of lots of ground or structures regulated by this article.
CODE ENFORCEMENT OFFICER
The person designated by the Township charged with the administration and enforcement of this article.
COMMON AREA
Space which is not a part of the rental unit and which is shared with other occupants of a rental unit, whether they reside in the rental unit or not. Common areas shall be considered part of the premises for the purpose of this article.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
GUEST
A person on the premises of a regulated rental unit with the actual and implied consent of an occupant of said regulated rental unit.
LANDLORD
One who grants a lease or rents real estate to another for dwelling or commercial purposes.
LONG-TERM REGULATED RENTAL UNIT
Regulated rental unit which the owner and/or landlord rents or leases for a term greater than one month.
MULTIPLE SINGLE-FAMILY DWELLING
A building or portion thereof that contains more than one dwelling unit.
MUNICIPAL ENFORCEMENT OFFICER
Any person and/or organization duly appointed by the municipality with the responsibility of enforcing this Ordinance.
PERSON
Any natural person, 18 years of age or older, partnership, association, firm or corporation. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
PROPERTY OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the Commonwealth of Pennsylvania, County of Montgomery or Whitemarsh Township as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
REGULATED RENTAL UNIT/HABITABLE SPACE
Any improved structure or portion of a structure within the Township which is not an owner-occupied dwelling unit and or exempted by this article from needing a residential rental license. Regulated rental units include but are not limited to the following: any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, mobile home, mobile home park, mobile home space, recreational vehicle park, townhome, single-family detached dwelling or condominium and for which the owner and/or landlord receives any value or consideration, including but not limited to money, or the exchange of goods or services, regardless of the relationship between lessor and lessee. A college fraternity or sorority used for residential purposes shall be considered regulated rental units unless it is within a dormitory that is owned by a college. "Regulated rental unit" shall include both long-term and short-term regulated rental units.
RENTAL AGREEMENT
A legal agreement between the property owner and tenant, embodying the terms and conditions relating to the use and occupancy of a rental unit.
RENTAL FACILITIES
Includes but is not limited to all single-family dwelling units, multiple-family units, apartments, townhouses, mobile home sites.
RENTAL PROPERTY
A premises, property or portion thereof that is under a rental agreement, and/or contains one or more rental units.
RENTAL UNIT
Any dwelling, structure, building or portion thereof that is occupied or used under a rental agreement.
RESIDENTIAL RENTAL LICENSE
A document issued by the Township to the property owner of a rental unit pursuant to this article and required for the lawful rental and occupancy of any rental property.
ROOMING HOUSE UNIT
A living unit that does not meet the definition of a dwelling unit and that is not within a City-permitted hotel or bed-and-breakfast inn.
SHORT-TERM REGULATED RENTAL UNIT
Regulated rental unit which the owner and/or landlord rents or leases for a term not exceeding one month.
SINGLE-FAMILY DWELLING UNIT
A building on a lot designed and occupied exclusively as a residence for one family.
TENANT
Any individual or individuals who are a party to a legal agreement, such as a rental agreement, with the property owner, pursuant to which permission to use a dwelling, structure, building, ground or portion thereof, is granted by the property owner to the tenant. Tenant includes other individuals who, due to a relationship with the tenant, shall share such use of the rental unit as permitted by the rental agreement, and are party to a separate rental agreement.
TOWNSHIP
The Township of Whitemarsh, Montgomery County, Pennsylvania.
UNRELATED PERSONS
Two or more persons who reside in a dwelling unit and who are not related to each other through blood, adoption, marriage or a formal foster relationship. A person who is only related as a cousin shall be considered unrelated for the purpose of this Chapter. The term "related" shall be restricted to the following relationships: spouse, parent, child, sibling, grandchild, great-grandchild, grandparents, great grandparents, aunt, uncle, or any of these same relationships in a "step" or "in-law" situation.
WHITEMARSH TOWNSHIP RENTAL LICENSE PROGRAM BOARD OF APPEALS
The Board of Appeals shall be the Building Code Appeals Board appointed by the Township.
[1]
Editor's Note: See Ch. 42, Building Construction.
A. 
Each property owner shall apply for, obtain and maintain in good standing a residential rental license for each unit occupied. It shall be unlawful for any person to occupy, allow to be occupied, advertise for occupancy, or solicit occupants of any residential rental unit within the Township without a residential rental license. The property owner or agent shall register each residential rental unit with the Township and shall pay the required registration fee in accordance with the Township's Fee Schedule. Fees shall not be prorated for any reason.
(1) 
The following information shall be submitted for each residential rental unit:
(a) 
Name, address and telephone number of the property owner.
(b) 
Name, address and telephone number of the operator, responsible agent or manager.
(c) 
Name, address and telephone number of any person authorized to make or order made repairs or services for the residential rental unit. (If such person is different from that of the property owner, operator, responsible agent or manager.)
(d) 
Name of person or entity responsible for the maintenance and upkeep of the property.
(e) 
Street address and unit number of the residential rental unit.
(f) 
Number and types of residential rental units within the rental property.
(g) 
A list of tenants within the residential rental unit with contact information.
(2) 
A property owner or agent shall notify the Township in writing within 30 calendar days of any change to the above information.
B. 
Owners of a property possessing one or more residential rental units shall be required to apply for and obtain a residential rental license for each residential rental unit located on the property that is being leased to a tenant, and/or occupied by an occupant.
C. 
For a rooming house, a single residential rental license shall be required for all units within the rooming house building.
D. 
All applications for a residential rental license shall be made on forms and applications provided by the Township.
E. 
The Township may not issue a residential rental license until such time as the owner has paid all fines, costs, or fees arising from administration or enforcement of this Chapter or while any citations issued in relation to the residential rental unit or property are pending.
F. 
Exemptions. The following shall not be considered residential rental units for the purpose of this Chapter:
(1) 
Owner-occupied dwelling units.
(2) 
Hotel units.
(3) 
Hospitals and state-licensed nursing homes and personal care homes.
(4) 
Bed-and-breakfast homes.
(5) 
One dwelling unit that is on the same lot as a second dwelling unit, provided each unit is occupied by the property owner and by persons who are related to the property owner.
(6) 
On-campus dormitories owned by an accredited college or university.
(7) 
Dwelling units that are classified and occupied as in-law suites, and which have been previously approved by the Township.
(8) 
Dwelling unit that is occupied by an immediate family member. An immediate family member is a parent, grandparent, son, daughter, stepson, stepdaughter and grandchild.
A. 
Each residential rental license shall be valid for a period of two years from the date of issuance.
B. 
There shall be a license fee for the initial license and a renewal fee every two years thereafter. The fee shall be based upon the number of residential rental units within the building or complex. There shall also be a license transfer fee and a license reinstatement fee, as applicable. All fees shall be established through resolution from time to time by the Board of Supervisors.
C. 
The property owner shall pay all Fees as set forth by Township Fee Schedule.
A. 
It shall be the duty of every property owner, operator, responsible agent or manager of each property to submit to the Township a list of occupants, consisting of the names and apartment numbers/addresses of all persons residing or occupying said unit for residential purposes. The list shall be submitted by January 31 of each year and shall be updated quarterly thereafter.
B. 
Every property owner, operator, responsible agent or manager who controls property within the Township that is leased, granted or rented as a dwelling is hereby required to notify the Township of any change in occupancy of any residential rental unit. Such notification shall be submitted to the Township within 30 days of the change in occupancy of any residential rental unit.
C. 
The operator, responsible agent or manager shall be authorized to accept service of process on behalf of the property owner.
D. 
It shall be the duty of every property owner, operator, responsible agent or manager to keep and maintain all residential rental units in compliance with all applicable codes and provisions of all applicable state laws and regulations and all Township ordinances, and to keep said units in good and safe condition.
E. 
It shall be unlawful for any person, as property owner, operator, responsible agent or manager to conduct or operate, cause to rent, or permit the occupancy of, any residential rental unit within the Township without:
(1) 
Registering with the Township the premises upon which the residential rental unit is situate, in accordance with this chapter; and
(2) 
Maintaining a current and valid license for each residential rental unit upon the premises, in accordance with this Chapter.
F. 
The property owner or manager shall receive notices and correspondence, including service of process from the Township; to arrange for the inspection of the residential rental unit(s) in accordance with this Chapter or in the event that the Municipal Enforcement Officer/Code Enforcement Officer has identified a need for inspection due to alleged violations at that residential rental unit(s); to do or arrange for the performance necessary to insure continued compliance of the residential rental unit(s) with the current codes and other ordinances in effect in the Township.
G. 
It shall be the responsibility of every property owner or agent to employ policies and to manage the residential rental units under his/her control in compliance with the provisions of this chapter, codes, ordinances and applicable Laws of the Commonwealth of Pennsylvania.
H. 
The property owner shall maintain acceptable physical conditions in common areas and the owner shall be required to ensure that common areas and the outside premises are in compliance with this chapter, codes, ordinances and applicable Laws of the Commonwealth of Pennsylvania.
I. 
Each property owner of a residential rental unit shall notify the Township in writing within 30 days after any change in ownership of the premises or of the number of residential rental units on the premises, and to submit new contact information for the new owner or manager.
J. 
The property owner shall notify the Township in writing within 30 days after the changing of a unit from owner-occupied to being a residential rental unit for purposes of this chapter.
K. 
Owners of all properties possessing residential rental units created after the effective date of this Chapter shall register said units with the Township within 30 days of any residential rental unit being leased to a tenant, and/or occupied by an occupant.
L. 
The property owner, operator, responsible agent or manager shall accompany the Municipal Enforcement Officer/Code Enforcement Officer or other designated representative for all inspections at the property.
M. 
The property owner shall permit inspections of all units, during normal business hours. The property owner, operator, responsible agent or manager shall notify residents prior to the date of the inspection.
N. 
If any residential rental unit is owned by more than one person, in any form of joint tenancy, as a partnership, or otherwise, such person shall be jointly and severally responsible for the duties imposed under the terms of this Chapter, and shall be separately subject to penalties for the violation of this Chapter.
O. 
The property owner shall provide a minimum of two trash containers with lids for each residential rental unit for proper disposal of trash. Properties providing trash dumpsters shall be exempt from this requirement.
P. 
The property owner shall be responsible for snow and ice removal and grass cutting at the property.
Q. 
The existence of an agreement between the property owner and a tenant shall not relieve the property owner from the responsibility in meeting any requirement.
R. 
Buildings that contain locking entry doors (security doors) at entry points to the building shall include a rapid key access system as may be approved by the Fire Marshal.
S. 
Buildings containing a fire-suppression system shall have the system inspected and certified by an approved and qualified fire protection system contractor who is trained and experienced in the maintenance and inspection of fire-suppression systems with a copy of the certification to be provided to the Municipality on an annual basis during the Fire and Life Safety Inspection performed by the Township's Fire Marshal's Office. Inspection and maintenance shall be in accordance with the appropriate NFPA Standard.
T. 
Buildings containing a fire detection and/or alarm system monitored by a central station shall have the system inspected and certified by an approved and qualified monitoring system contractor who is trained and experienced in the maintenance and inspection of monitoring systems with a copy of the certification to be provided to the municipality on an annual basis during the Fire and Life Safety Inspection performed by the Township's Fire Marshal's Office. Inspection and maintenance shall be in accordance with the appropriate NFPA Standard.
U. 
No basement space may be considered habitable unless it meets the requirements for secondary means of egress/escape as defined by the applicable Township Building or Property Maintenance Code.[1]
Failure to satisfy any provision above shall be considered a violation of this Chapter.
[1]
Editor's Note: See Ch. 42, Building Construction, and Ch. 90, Property Maintenance.
A. 
A regulated rental unit shall not be occupied by more than three unrelated persons.
B. 
Occupants shall collect and dispose of all rubbish, garbage and other waste in a clean and sanitary manner and comply with all waste and recycling requirements.
C. 
Occupants shall not engage in, nor tolerate or permit guests on the premises to engage in, any disruptive conduct or illegal activity.
D. 
Occupants shall permit inspections by the Township during normal business hours after receiving notice from the property owner, operator, responsible agent or manager.
Failure to satisfy any provision above shall be considered a violation of this Chapter.
A. 
The interior and exterior of each residential rental unit shall be subject to inspection by the Municipal Enforcement Official/Code Enforcement Officer and/or duly authorized agent as set forth in this Chapter.
B. 
The Municipal Enforcement Official/Code Enforcement Officer and/or duly authorized agent shall inspect the Residential Rental Unit in accordance with the following:
(1) 
International Fire Code, most recent version adopted by the Township.
(2) 
International Property Maintenance Code, most recent version adopted by the Township.
(3) 
And other applicable Township code, regulation, or ordinance related to safe occupancy of the residential rental unit.
C. 
This Chapter shall not be construed as to limit the Municipal Enforcement Official/Code Enforcement Officer's authority to conduct inspections or enforcement actions under any other Township code or ordinance, nor shall it be construed to limit the Township's ability to require that any property be made available for inspection whenever there is probable cause that a violation of the Township codes or ordinances may be present.
D. 
For the purpose of inspection in accordance with this Chapter, if access to any premises, common area or residential rental unit is denied to the Municipal Enforcement Official/Code Enforcement Officer, or if access to a residential rental unit or a unit or space reasonably believed to be occupied in violation of this Chapter cannot be obtained for any reason, the Municipal Enforcement Official/Code Enforcement Officer may apply to the appropriate authority for an administrative search warrant.
E. 
The Municipal Enforcement Official/Code Enforcement Officer shall provide notice to the owner of violations after the completion of an inspection of a residential rental unit.
F. 
The property owner shall be permitted a number of days, as determined by the Municipal Enforcement Official/Code Enforcement Officer, from the date of the inspection to cure all violations. The only exceptions to this cure period are as follows:
(1) 
In the event the Municipal Enforcement Official/Code Enforcement Officer determines a residential rental unit is unfit for human habitation, and/or that the continued occupation of the residential rental unit poses an imminent threat to the health, safety and welfare of the occupants or to the neighboring occupants/owners, the Municipal Enforcement Official/Code Enforcement Officer shall order the unit to be vacated immediately, and to remain vacated until conditions are corrected to the satisfaction of the Municipal Enforcement Official/Code Enforcement Officer.
(2) 
For serious violations that do not require the property to be vacated, the Municipal Enforcement Official/Code Enforcement Officer may require said violations to be cured within 24 hours, or any other time period as determined by the Municipal Enforcement Official/Code Enforcement Officer.
(3) 
For violations requiring more than 30 days to cure, the Municipal Enforcement Official/Code Enforcement Officer may grant, at their discretion, additional time to effect a cure, and this period shall be provided to the property owner, operator, responsible agent or manager.
G. 
A tenant may at any time request an inspection of the rental property in which he or she currently resides. A fee, as prescribed within the Township Fee Schedule, for such an inspection shall be imposed on the tenant only if the Municipal Enforcement Official/Code Enforcement Officer finds, by a preponderance of the evidence, that the request was made in bad faith.
H. 
The Municipal Enforcement Official/Code Enforcement Officer shall be authorized to require additional engineering or specialty inspections and certifications by third-party experts, at property owner's expense, for conditions that are beyond the scope of the Municipal Enforcement Official/Code Enforcement Officer's expertise.
A. 
The residential rental license for each residential rental unit shall be renewed every two years.
B. 
The Municipal Enforcement Official/Code Enforcement Officer may delay and/or deny the renewal of a residential rental license if there are outstanding violations of Township codes for that residential rental unit or property that have not been corrected at the time of license renewal.
C. 
The Township may not renew a residential rental license until such time as the owner has paid all fines, costs, or fees arising from administration or enforcement of this Chapter or while any citations issued in relation to the residential rental unit or property are pending.
D. 
If the outstanding violations are not a threat to the safety of occupants or other members of the public, the Municipal Enforcement Official/Code Enforcement Officer may issue a temporary residential rental license for the residential rental unit and permit the current occupants to continue to reside in the premises for a reasonable period, as established by the Municipal Enforcement Official/Code Enforcement Officer. When the violations are corrected, a residential rental license may be issued.
A. 
If violations to this Chapter or to any other Township Code are identified, the Municipal Enforcement Official/Code Enforcement Officer may revoke or suspend the license to rent a residential rental unit until the violations have been corrected.
B. 
In addition, any residential rental license may be revoked or suspended at any time during the life of the license for the following reasons:
(1) 
False or misleading information given or provided in connection with the license application, renewal application or license transfer application.
(2) 
Failure to pay any fee.
(3) 
Failure to correct violations in the time period prescribed.
(4) 
Violations committed or permitted by the property owner and/or the property owner's designated agent, of any rules, codes, statutes or ordinances relating to, pertaining to, or governing the license and the residential rental property.
C. 
If the residential rental license is suspended and the outstanding violations are not a threat to the safety of occupants or other members of the public, the Municipal Enforcement Official/Code Enforcement Officer may permit the current occupants to continue to reside in the premises for a reasonable period, as established by a Municipal Enforcement Official/Code Enforcement Officer. When the violations are corrected, the residential rental license may be reinstated.
D. 
A revoked or suspended residential rental license may be reinstated only after the Township determines that the circumstances leading to the revocation or suspension have been remedied and a reinstatement fee as set by Township Fee Schedule has been paid.
A. 
Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this Chapter shall, upon conviction, be sentenced to pay a fine plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days.
B. 
Nothing in this article shall prevent the Township from acting under any applicable rule, standard, statute or ordinance for violations thereof or to seek either injunctive relief or criminal prosecution for such violations as therein provided. Nothing contained in this article shall prevent the Township from seeking injunctive relief against a property owner or designated agent who fails to comply with the terms and conditions of this article on registration and licensing, including an order prohibiting the occupancy of any rental unit until violations of this article have been remedied by the property owner or designated agent.
A. 
Any person affected by a decision, violation notice, report or order of a Municipal Enforcement Official/Code Enforcement Officer under this Ordinance shall have the right to appeal to the Whitemarsh Township Rental License Program Board of Appeals.
B. 
An application for appeal may be made when it is claimed that the provisions of this article have been improperly applied or administered or that factual errors were made by the Municipal Enforcement Official/Code Enforcement Officer, or for such other grounds under this article as the applicant may allege. A written application for appeal is required to be filed within 30 days after the day the decision, report, notice or order was received or served. A fee as identified within the Fee Schedule shall be paid in advance by the person requesting the hearing for each appeal to the Rental License Program Board of Appeals.