[Adopted 3-24-1997A (Ch. 11, Part 1, of the 1994
Code)]
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 have the use of real estate of
a lessor and who are responsible for the giving of any type of consideration
for said use, but excluding those persons 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 a portion thereof for a consideration, monetary
or otherwise.
PERSON
Any natural person, partnership, association, firm or corporation.
All lessors, within 60 days after the effective
date of this article, or in the 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 Borough Secretary in writing
addressed to her at the Borough Office the number of parcels or units
of real estate presently rented or hereafter rented and available
for rental, a description (by address, number and/or some other meaningful
method) of the said parcels or units for rent, and the name of all
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 that report of the lessor as required in §
171-2, hereof, shall be reported by the lessor to the Borough Secretary within 10 days after such change. It is intended hereby that lessor shall report a new lease or a lessee who rents or leases a different unit or parcel of lessor's real estate and when a unit or parcel of the real estate becomes vacant.
The Borough Code Enforcement Officer may prepare
a form report entitled "Status of Occupancy Report" which form report
may require that information set forth above and may request pertinent
information as Borough Council may direct by resolution to be incorporated
into the said report form. The failure to have such report forms or
to provide them to the lessor shall not excuse the obligation of lessors
to provide the information required herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any lessor violating any of the provisions of
this article or who furnishes false information to the Borough or
who uses a false name or address in any report required by this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Adams County.