[HISTORY: Adopted by the Board of Supervisors
of the Township of East Hempfield as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 237.
[Adopted 6-5-1974 by Ord. No. 4-74]
This article is enacted to provide for the uniform
and equitable distribution of the tax levies in the Township of East
Hempfield and upon the inhabitants thereof and to promote the health,
safety, morals and general welfare of the inhabitants of the Township
of East Hempfield.
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
One or more rooms used for living and sleeping purposes,
arranged for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Township of East Hempfield,
or a lessor, or person who acts as agent for the lessor, of any improvements
on real estate or any building located in the Township of East Hempfield.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself for a period exceeding 30 days.
Within 30 days from the effective date of this
article, each landlord shall submit to the Hempfield School District
a report form supplied by the Hempfield School District which includes
the following information:
A.
List of the dwelling units and business units owned
by the landlord located within the Township of East Hempfield limits,
whether occupied or not occupied.
B.
Address of each dwelling unit and business unit.
C.
Brief description of each dwelling unit or business
unit.
D.
Whether or not said dwelling unit or business unit
is inhabited or utilized by tenants.
E.
Names of the tenant or tenants utilizing the aforementioned
dwelling unit or business unit, if any.
After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Township of East Hempfield by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Hempfield School District the information and data set forth in § 193-3 above on forms to be provided by the Hempfield School District.
After the effective date of this article, each
and every landlord of property within the Township of East Hempfield
shall report to the Hempfield School District on a report form to
be supplied by the Hempfield School District any change in the use
or occupancy of any dwelling unit or business unit owned by such landlord.
The reported change shall include the name or names of new tenants
of such dwelling unit or business unit, the date when such change
was effected and the forwarding address of the old tenant or tenants,
if known. A landlord of a hotel, inn or boardinghouse shall not be
required to report a person as a "tenant" until that person has resided
in such landlord's establishment for a period exceeding 30 days. In
the event that a dwelling unit or business unit was used or utilized
by a tenant and then becomes vacant, this change shall also be reported
to the Hempfield School District. All reports required by this section
shall be made within 10 days after a landlord has knowledge that such
a unit has had a change in occupancy or has become vacant.
The Hempfield School District, under the authority
of this article, shall:
A.
Maintain on file at the Township office the names
of the landlords owning dwelling units and business units in the Township
of East Hempfield, said list to include the names of the current tenants
of said dwelling units and business units.
C.
Notify the Chief of Police and the Fire Chief of the
Township of East Hempfield of the address and description of any dwelling
unit or business unit that is vacant, unoccupied and not in use.
A.
Enforcement notice.
(1)
If it appears to the Board of Supervisors that a violation
of this article has occurred, the Board of Supervisors shall initiate
enforcement proceedings by sending an enforcement notice as provided
in this section.
(2)
The enforcement notice shall be sent to the violator
and, if applicable, the owner of record of the parcel on which the
violation has occurred, to any person who has filed a written request
to receive enforcement notices regarding that parcel, and to any other
person requested in writing by the owner of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of any violator and, if applicable,
the owner of record and any other person against whom the Board of
Supervisors intends to take action.
(b)
The location of the violation and, if applicable,
the property in violation.
(c)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this article.
(d)
The date before which the steps for compliance
must be commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right
to appeal to the Board of Supervisors within a period of 10 days.
(f)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Board of Supervisors,
constitutes a violation, with possible sanctions clearly described.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation of the provision of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Board of Supervisors, pay a judgment of not more
than $600 plus all court costs, including reasonable attorney's fees
incurred by the Board of Supervisors as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgement, the
Board of Supervisors may enforce the judgement pursuant to the applicable
rules of civil procedure. Each day that a violation continues or each
section of this article which shall be found to have been violated
shall constitute a separate violation.
(2)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Board
of Supervisors the right to commence any action for enforcement pursuant
to this section.
(3)
Magisterial District Judges shall have initial jurisdiction
over proceedings brought under section.