[HISTORY: Adopted by the Board of Supervisors of the Township of East Hempfield as indicated in article histories. Amendments noted where applicable.]
Taxation — See Ch. 237.
Article I Registration of Occupancies
[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:
- BUSINESS UNIT
- A parcel of real estate, with or without improvements located thereon, utilized by any person or persons for any commercial activity or purpose.
- DWELLING UNIT
- 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:
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.
Address of each dwelling unit and business unit.
Brief description of each dwelling unit or business unit.
Whether or not said dwelling unit or business unit is inhabited or utilized by tenants.
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:
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.
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.
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.
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.
An enforcement notice shall state at least the following:
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.
The location of the violation and, if applicable, the property in violation.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this article.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
That the recipient of the notice has the right to appeal to the Board of Supervisors within a period of 10 days.
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.
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.
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.
Magisterial District Judges shall have initial jurisdiction over proceedings brought under section.