[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 11-20-1991 by Ord. No. 91-4. Amendments noted where
applicable.]
The following words when used in this chapter
shall have the meanings ascribed to them in this section except where
the context clearly indicates or requires a different meaning:
The act of effecting a change in the occupancy of any residence,
or place of business, or the act of occupying a formerly vacant residence
or place of business, or the act of rendering a residence or place
of business vacant.
Any natural person, partnership, association, firm or corporation.
Any building or portion thereof used or useful for the purpose
of housing any business, trade or other commercial activity, or for
the purpose of housing any business office, professional office, or
other similar activity.
Any house, mobile home, apartment, rest home nursing home,
halfway house, or other dwelling unit designed for the use of one
or more persons as a place of abode, excluding hotel rooms, motel
units and other similar accommodations for transient persons.
Any adult person who does not establish a mailing address
for purposes of receiving mail while located within the geographical
boundaries of Independence Township, regardless of whether or not
said person's address is in Independence Township, except that if
said person or a member of said person's family unit pays rent for
a premises in Independence Township in which said person resides for
a period in excess of 30 days, then said person shall not be considered
a transient and therein, said person and/or the owner of said premises
shall be subject to the provisions of this chapter. Failure to have
a mailing address for a premises within the geographical boundaries
of Independence Township shall not exclude said person as a transient
if said person resides or occupies the same premises in the Township
for a period in excess of 30 days.
Any person or persons who permit any person
to move into or vacate a residence or place of business within Independence
Township owned by said person without first giving notice to the Township
in the manner hereinafter provided shall be in violation of this chapter.
Any person who permits a person to move the
property of said person into or out of any residence or place of business
when notification required hereunder has not been given, shall be
guilty of a violation of this chapter. For purposes of this chapter,
the receipt for payment of the $1 fee provided for hereinafter shall
be conclusive evidence that notification has been given.
[Amended 5-16-2012; 5-21-2014]
The notification required herein shall be given
at the Township Municipal Building to an Independence Township Supervisor
or to the Independence Township Code Enforcement Officer or such other
employee of the Township as may be designated by resolution of the
Township Board of Supervisors, and such notification shall be given
upon forms provided by the Township.
The notification required herein shall be given
by the owner of the premises, the person desiring to move, or by any
person engaged to perform the moving service, and the person giving
such notice shall be required to pay a fee of $1 for the purpose of
defraying the costs of administering the requirements of this chapter.
[Amended 5-16-2012; 5-21-2014]
The Township Supervisor or Supervisors, the
Township Code Enforcement Officer or such other Township employee
as designated to whom notification is given, shall issue a receipt
for the $1 fee and a record thereof shall be kept on the Township
Office records.
[Amended 5-16-2012; 5-21-2014]
The Township Supervisors or the Township Code
Enforcement Officer or such other Township employee as may be designated
by the Township Supervisors shall have the duty to notify the Tax
Collector at least quarterly of the notifications filed under this
chapter so the Tax Collector may revise his or her records of taxables
in reliance thereon.
All owners of residential or business property
which is currently occupied on and after the effective date of this
chapter by a person or persons other than the owner thereof are required
to provide notice and/or register the occupant or occupants thereof
within 15 days of the passage of this chapter and/or a change in occupancy
wherein the appropriate registration form shall be obtained, completed
and submitted to the Township Office no later than 15 days from the
date of said change or the effective date of this chapter, as the
case may be. The filing of said registration or notice by the occupant
shall excuse the owner from this provision and likewise the filing
of the same by the owner shall excuse the occupant from the filing
of the same. Additionally, at such time as there should be a change
in said occupancy, from and after the date of this chapter, the owner/occupant
or otherwise shall be required to file a new registration and/or notice
of said change in occupancy within 15 days of said change.
[Amended 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01]
A.
Any person who violates or permits a violation of
this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $50 nor more than $1,000, plus all costs
of prosecution, including, but not limited to, attorneys' fees, and
in default of payment thereof, shall be imprisoned for a term not
to exceed 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. All fines and penalties collected for
the violation of this chapter shall be paid to the Township Treasurer.
B.
This chapter shall be enforced by the Independence
Township Supervisors, Code Enforcement Officer, or any police officer,
including, but not limited to, the Pennsylvania State Police.
[Amended 5-16-2012; 5-21-2014]
