[HISTORY: Adopted by the Board of Supervisors of the Township of Derry as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tax Collector — See Ch. 47.
Taxation — See Ch. 189.
[Adopted 4-9-1973 by Ord. No. 135]
The following words when used in this article shall have the meanings ascribed to them in this section except where the context clearly indicates or requires a different meaning:
MOVED or MOVING
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.
PERSON
Any natural person, partnership, association, firm or corporation.
PLACE OF BUSINESS
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.
RESIDENCE
Any house, mobile home, apartment 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.
No person shall move into or vacate any residence or place of business within Derry Township without first giving notice to the Township in the manner hereinafter provided.
The notification required in this article shall be given at the Township office to the Township Secretary or such other employee at the Township as shall be in charge of the Township office, and such notification shall be given upon forms provided by the Township.
[Amended 12-17-1985 by Ord. No. 270[1]]
The notification required under this article may 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 notification shall not be required to pay any fee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-17-1985 by Ord. No. 270]
The Township Secretary or other such employee of the Township in charge of the office to whom notification is given shall, upon request, issue a receipt or other evidence indicating that notification has been given to the Township.
The Chief of Police or such other officer as he shall delegate is hereby charged with the responsibility of reviewing daily the notifications filed pursuant to this article and of informing the members of the police force thereof.
A. 
Enforcement notice.
(1) 
If it appears to the Township that a violation of this article has occurred, the Township 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.
B. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article, or furnished false information on any application required by this article, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township 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 district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment 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 Township the right to commence any action for enforcement pursuant to this section.
(3) 
District justices shall have initial jurisdiction over proceedings brought under this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 2-24-1975 by Ord. No. 158]
The following words when used in this article shall have the meaning ascribed to them in this section except where the context clearly indicates or requires a different meaning:
LESSEE
That person or persons who has the use of real estate of a lessor and is responsible for the giving of any type of consideration therefor, but excluding those who are lessees for a period of less than 30 days.
LESSOR
Any person who grants a lease or otherwise permits the use of his real estate or portion thereof for a consideration, monetary or otherwise, excluding hotels and motels except to the extent that they have permanent residents.
PERSON
Any natural person, partnership, association, firm or corporation.
TOWNSHIP
Township of Derry, Dauphin County, Pennsylvania.
All lessors within 30 days after the effective date of this article or, in case of real estate thereafter acquired or thereafter rented or becoming available for rental, within 30 days after the acquisition, rental or availability for rental thereof, as the case may be, shall report to the Township the number of the parcels or units of real estate presently or hereafter rented and available for rental, a description (by address, number and/or some other meaningful method) of the said parcels or units, and the names of its lessees at the time of such report, together with a designation as to which unit or parcel is occupied by each.
Any change in the occupancy of real estate rented or leased or in the identity of the lessee from that shown in the report of the lessor as required in § 106-11 shall be reported by lessor to the Township within 10 days after such change. It is intended hereby that lessors shall report a new lessee or a lessee who rents or leases a different unit or parcel of lessor's real estate and when a unit or parcel of their real estate becomes vacant.
The Derry Township Manager shall prepare a form report entitled "Status of Occupancy Report," which form report shall require that information set forth in §§ 106-11 and 106-12 of this article and such other pertinent information necessary for the updating of tax records that the Board, by resolution, may direct that it be incorporated into the said report form. All information gathered pursuant to this article shall be used only for the collection of taxes and for no other purpose.
A. 
Enforcement notice.
(1) 
If it appears to the Township that a violation of this article has occurred, the Township 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.
B. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township 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 district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment 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 Township the right to commence any action for enforcement pursuant to this section.
(3) 
District justices shall have initial jurisdiction over proceedings brought under this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).