[Adopted 9-6-1977 by Ord. No. 204 (Part 6, Ch. 2, Art. C, of the 1987 Code)]
[Amended 3-3-1981 by Ord. No. 204-A, 11-2-1982 by Ord. No.
204-B]
The owner or manager of any dwelling, housing
unit, residence or apartment not owner-occupied and which is the residence
of a lessee, guest, invitee, or licensee shall notify the Borough
on forms supplied to the owner or manager, the name, occupation, social
security number and the name and address of the employer of each and
every occupant of such dwelling, housing unit, residence or apartment.
After October 1, 1977, the landowner shall update
the declaration and file the same with the secretary by the 10th day
of each month thereafter. However, if a landowner has five units or
less, he need not update the same until the occupant leaves and/or
when a new occupant enters the apartment.
The Secretary is authorized to establish the
form of the declaration and have it printed.
Any person who fails, neglects or refuses to
make the declaration required by this article shall, upon conviction
before a Magisterial District Judge, be sentenced to pay a fine of
not more than $300 and costs of prosecution, and, in default of payment
of fine and costs, to be imprisoned for not more than 30 days.
[Adopted 12-9-2008 by Ord. No. 408]
As used in this article, the following terms shall have the following meanings. If a term is not defined in this section, but is defined in the Property Maintenance Code or the Uniform Construction Code, as adopted by Trappe Borough, then that definition shall apply to this section. If a term is not defined in any of these codes, but is defined in Chapter
340, Zoning, and Chapter
295, Subdivision and Land Development, then the definition in such code shall apply to this section.
AGENT
Any person designated by the owner of a residential rental
property who has charge, care or control of said residential rental
property.
BOROUGH
The Borough of Trappe, Montgomery County, Pennsylvania.
BUSINESS DAYS
Days in which the offices of the Borough of Trappe are open
for public business.
CODE
Any state or local code or ordinance adopted, enacted or in effect in and for the Borough of Trappe including, but not limited to, the BOCA National Building Code, the BOCA Plumbing Code, the BOCA Mechanical Code, the National Electrical Code, the BOCA Fire Prevention Code, the BOCA Property Maintenance Code, and Chapter
340, Zoning, applicable Pennsylvania Uniform Construction Codes, and/or other future national or international codes and/or
zoning ordinance amendments that may be subsequently adopted.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer(s) having the
duty to enforce this article, the Property Maintenance Code, Uniform
Construction Code, and/or similar codes of the Borough of Trappe and
any assistants, deputies or police officers duly appointed. This term
shall likewise include the Borough Zoning Officer.
COMMON AREA
In multiunit buildings, space which is not part of an individual
regulated rental unit and which is shared among occupants of the dwellings,
common areas shall be considered as part of the premises for purposes
of this article.
DWELLING
A building including one or more dwelling units.
DWELLING UNIT
A residential living area for one household that is used
for living and sleeping purposes and that has its own cooking facilities,
and a bathroom with a toilet and a bathtub and/or shower.
GUEST
A person on the premises of a regulated rental unit with
the actual and implied consent of an occupant of said regulated rental
unit.
HOTEL UNIT
Any room or group of rooms located within a hotel or motel
forming a single habitable unit used or intended to be used for living
and sleeping only on a transient basis for a period of less than 30
days.
LANDLORD
This term shall have the same meaning as "owner."
MANAGER
An adult individual designated by the owner of a regulated
rental unit under this article. The manager shall be the agent of
the owner for service of process and receiving notices or demands
and to perform the obligation of the owner under this article and
under rental agreements with occupants.
MULTIUNIT BUILDING
A building containing two or more dwelling units completely
separated from each other by vertical party walls including but not
limited to double houses, row houses, townhouses, condominiums, apartment
houses, conversion apartments and converted single-family dwellings.
OCCUPANT
An individual who resides in a regulated rental unit.
OWNER
One more person(s), jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including but not limited to a mortgage holder who
is in possession of a regulated rental unit.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust, or any other entity.
PREMISES
Any parcel of real property in the Borough of Trappe, including
the land and all buildings and structures, on which one more residential
rental units is located.
RESIDENTIAL RENTAL LICENSE
A document issued by the Code Enforcement Office to the owner,
operator, responsible agent or manager of a residential rental unit
upon compliance with all applicable codes granting permission to operate
a residential rental unit in the Borough. Such license is required
for lawful rental to third parties and occupancy by third parties
of any residential rental units under this article, unless a Code
Enforcement Officer has not inspected the unit or violations of the
applicable codes are being corrected and the unit operates under a
residential rental registration, or the residential rental unit is
exempt from the license provisions of this article.
RESIDENTIAL RENTAL PROPERTY
Any parcel of real estate, identified by a tax parcel number
containing at least one residential rental unit.
RESIDENTIAL RENTAL REGISTRATION
The document issued by the Code Enforcement Department of
the Borough to the owner of a parcel of land containing at least one
residential rental property evidencing the existence of said residential
rental unit(s). This registration shall be required until the Code
Enforcement Officer inspects the unit and issues a residential rental
license for each residential rental unit. A residential rental registration
shall continue to be required for lawful rental and occupancy of residential
rental units under this article, unless the residential rental unit
is exempt from the registration provisions of this article. This registration
does not warrant the proper zoning, habitability, safety or condition
of the residential rental unit in any way.
RESIDENTIAL RENTAL UNIT
A rooming unit or dwelling unit let for rent, other than
an owner-occupied residential unit, which qualifies as a dwelling
unit under applicable Borough ordinances. A residential rental unit
shall not include a hotel/motel, hospital unit, or nursing home unit.
ROOMING HOUSE UNIT
A living unit that does not meet the definition of a dwelling
unit and that is not within a Borough-permitted hotel or bed-and-breakfast
inn.
TENANT
An occupant of a residential rental unit with whom a legal
relationship with the owner is established by a lease or other enforceable
agreement under the laws of the Commonwealth of Pennsylvania.
UNRELATED PERSONS
Two or more persons who reside in a dwelling unit and who
are not related to each other through blood, adoption, marriage or
a formal foster relationship. A person who is only related as a cousin
shall be considered unrelated for the purpose of this article. The
term "related" shall be restricted to the following relationships:
spouse, parent, child, sibling, grandchild, great-grandchild, grandparents,
great grandparents, aunt, uncle, or any of these same relationships
in a "step" or "in-law" situation.