(A) Revocation. The owner of a rental property which has had its rental license revoked pursuant to § 132.03 shall not be entitled to reinstatement of said rental property’s rental license for a period of 12 months. This 12-month revocation period will not commence until the subject rental property has been vacated by the occupant(s) and will be suspended for the time the subject rental property is occupied by any occupants.
(B) Notice of rental license revocation. The township shall issue a notice of rental license revocation to any owner and occupant with respect to a particular rental property which has accumulated three disruptive conduct reports within any rolling 12-month period. The notice of rental license revocation shall include the following:
(1) The name of the owner(s) of record of the rental property that is the subject of the notice and any other person against whom the township intends to take action;
(2) The name(s) of the occupants of the rental property that is the subject of the notice;
(3) The location of the rental property that is the subject of the notice;
(4) Copies of the specific disruptive conduct reports being relied upon for the revocation, with a description of the conduct leading to the issuance of the disruptive conduct reports;
(5) That the owner(s) and/or occupant(s) who is the recipient of the notice has the right to appeal to the Township UCC Board of Appeals within 30 days of the issuance of the notice, as more fully set forth in this chapter; and
(6) That failure to comply with notice of rental license revocation may result in additional penalties and actions being taken against the owner(s), including, but not limited, to, summary citations filed with the Magisterial District Judge and/or equitable enforcement claims filed with the Court of Common Pleas.
(C) Effect of notice. Upon receipt of a notice of rental license revocation, the owner must order the occupants of the rental property subject to the notice to vacate the property within 30 days of the issuance of the notice. Likewise, upon receipt of a notice of rental license revocation, the occupants of the rental property subject to the notice must vacate the property within 30 days of the issuance of the notice. If the occupants refuse or fail to vacate the rental property within 30 days of the issuance of the notice, the owner shall immediately start eviction proceeding against the occupants of the rental property subject to the notice. The 12-month revocation period shall not commence until the occupants have vacated the subject rental property to the satisfaction of the township.
(D) Appeal.
(1) Any owner or occupant of a rental property which rental license is revoked under this chapter may file an appeal of such revocation to the Township UCC Board of Appeals along with the applicable fee. Any such appeal and fee must be received by the township within 30 days of the issuance of the notice of rental license revocation in order for the appeal to be perfected and heard.
(2) An appeal under this section shall be filed with the township in writing and made upon the township’s form.
(3) An appeal under this section shall state at least the following:
(a) The name(s) of the owner(s) of the rental property that is subject of the appeal;
(b) The name(s) and periods of occupancy of all occupants of the rental property that is subject of the appeal within the previous 12 months; and
(c) The legal and/or factual grounds upon which the appellant believes the appealed notice of rental license revocation and/or the underlying reports of disruptive conduct were improperly issued or should not be upheld.
(4) A copy of the written lease or agreement for the subject rental property, if any, under which the current occupant of the rental property possesses the rental property or any portion thereof, shall be provided with the appeal.
(5) Failure to appeal a notice of rental license revocation shall result in a conclusive determination that the rental license has been properly revoked and the underlying disruptive conduct reports were appropriately issued.
(E) Intervention. The Township Board of Supervisors shall be entitled to intervene as a party in front of the Township UCC Board of Appeals with respect to any appeal of a notice of rental license revocation. Such intervention may take the form of sending the township solicitor to appear before the Township UCC Board of Appeals or issuing a letter stating the township’s position with respect to any appeal. In addition, an owner or occupant of a rental property subject to an appeal of a notice of rental license revocation filed by another party shall have the right to intervene in such appeal as a party in front of the Township UCC Board of Appeals at any time during the pendency of that appeal.
(F) Procedure. The Township UCC Board of Appeals shall hold any and all hearings on an appeal and issue a decision concerning an appeal in accordance with the Pennsylvania Local Agency Law, 2 Pa.C.S.A. §§ 101 et seq.
(G) Appeals to court. Any party to an appeal of a notice of rental license revocation aggrieved by the written adjudication of the Township UCC Board of Appeals regarding such appeal may appeal that adjudication to the Bucks County Court of Common Pleas within 30 days of the date of issuance of the adjudication. Within 30 days following the filing of an appeal to the Court of Common Pleas, the township and any owner or occupant of the rental property directly involved in the action appealed from may intervene as of course by filing a notice of intervention, accompanied by proof of service of the same, upon each appellant or each appellant’s counsel of record. All other intervention shall be governed by the State Rules of Civil Procedure.
(Ord. 249, passed 7-14-2021) Penalty, see § 132.99