This article is enacted to provide for the uniform
and equitable distribution of the tax levies in the Borough of Pen
Argyl and upon the inhabitants thereof and to promote the health,
safety, morals and general welfare of the inhabitants of the Borough
of Pen Argyl.
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.
LANDLORD
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Borough of Pen Argyl, or
a lessor, or person who acts as agent for the lessor, of any improvements
on real estate or any building located in the Borough of Pen Argyl.
PERSON
Any individual, partnership, association, firm or corporation.
TENANT
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 Borough Secretary a report,
on a form supplied by the Borough Secretary, which includes the following
information:
A. List of the dwelling units and business units owned
by the landlord, located within the Borough of Pen Argyl 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 Borough of Pen Argyl by agreement of sale, by deed or by any other means shall, within 30 days thereafter, report to the Borough Secretary the information and data set forth in §
96-46 above on forms to be provided by the Borough Secretary.
After the effective date of this article, each
and every landlord of property within the Borough of Pen Argyl shall
report to the Borough Secretary, on a report form to be supplied by
the Borough Secretary, 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 Borough
Secretary. 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 Borough Secretary, under the authority of
this article, shall:
A. Maintain on file at the Municipal Building in the
Secretary's office, the names of the landlords owning dwelling units
and business units in the Borough of Pen Argyl, said list to include
the names of the current tenants of said dwelling units and business
units.
B. Maintain a supply of forms for landlords to use in making reports to the Borough Secretary as required in §§
96-46,
96-47 and
96-48 of this article.
C. Notify the Chief of Police and the Fire Chief of the
Borough of Pen Argyl of the address and description of any dwelling
unit or business unit that is vacant, unoccupied and not in use.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $50 nor more than $300 and/or to imprisonment
for a term not to exceed 90 days.
All ordinances or parts of ordinances which
are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of
this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not effect or impair any of the remaining provisions, sentences, clauses,
sections or parts of this article. It is hereby declared as the intent
of the Borough of Pen Argyl that this article would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
This article shall become effective on October
1, 1992.