ARTICLE IOccupancy Reports (§ 166-1 — § 166-5)
§ 166-2Reports of occupancy.
§ 166-3Reports of changes in occupancy.
§ 166-4Status of occupancy form.
§ 166-5Violations and penalties.
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:
- 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.
- Any person who grants a lease or otherwise permits the use of his real estate or portion thereof for a consideration, monetary or otherwise.
- Any natural person, partnership, association, firm or corporation.
- Not occupied.
All lessors, within 30 days of 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 Borough Secretary, in writing, addressed to her at the Borough office, the number of 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 parcel or units, and the names of its lessees at the time of such report, together with a designation 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 § 166-2 hereof shall be reported by the lessor to the Borough Secretary within 10 days after such change. It is intended hereby that lessors shall report:
The Borough Secretary shall prepare a report form entitled "Status of Occupancy Report," which report form shall include that information set forth above and such other pertinent information that the Council by resolution may direct be incorporated in said report form. The failure to have such report forms available, however, shall not excuse the obligation of lessors to provide the information required herein.
Any lessor who violates or permits a violation 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 being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $25 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.