On or after the effective date of this chapter, no person, persons,
firm or corporation shall move into or occupy any dwelling, building
or other structure within the Borough of Mahanoy City without first
having obtained a permit therefor from the Borough Code Enforcement
Officer, unless said person, persons, firm or corporation owns said
premises in fee simple on or before the effective date of this chapter.
[Amended 2-11-2003 by Ord. No. 2003-2]
Upon the filing of the application, it shall be the duty of
the Borough Code Enforcement Officer to issue the requested occupancy
permit permitting the applicant to occupy the premises for which the
permit is applied if the person or persons applying for said permit
are current on the garbage account for the premises intended to be
occupied with said permit and are current on the garbage account for
any other property owned or occupied by said person or persons within
the Borough, if the owner of the premises is not delinquent on his
garbage account for any property owned by that individual within the
Borough, and if the indicated use of said premises does not violate
any of the ordinances of the Borough and if the premises is fit for
human habitation as a dwelling place or fit for any other purpose
for which the applicant is seeking the permit.
It is the duty of each seller of real estate in the Borough
of Mahanoy City and it is the duty of any realtor involved in the
selling, renting, leasing or occupancy of any structure within the
Borough of Mahanoy City to report such proposed occupancy to the Secretary-Treasurer
of the Borough of Mahanoy City prior to the premises' being occupied.
It is also the duty of any such seller or realtor of such a premises
to notify the potential occupant of the premises of his duty to seek
an occupancy permit. No one shall permit another to occupy such a
premises prior to the issuance of a permit for the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter 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 chapter in equity in the Court of Common
Pleas of Schuylkill County.