[Ord. 74, 6/9/1987, § 1]
This Part is enacted to provide for the uniform and equitable
distribution of the tax levies in Ralpho Township and upon the inhabitants
thereof and to promote the health, safety, morals and general welfare
of the inhabitants of Ralpho Township.
[Ord. 74, 6/9/1987, § 2]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A parcel of real estate, with or without improvements located
thereon utilized by any person or persons for any commercial activity
or purpose.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in Ralpho Township, or a lessor,
or person who acts as agent for the lessor, of any improvements on
real estate or any building located in Ralpho Township.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself, for a period exceeding 30 days.
[Ord. 74, 6/9/1987, § 3; as amended by Ord. 119,
4/14/1998]
Within 30 days from the effective date of this Part, each landlord
shall submit to the Code Enforcement Officer, a report form supplied
by said Code Enforcement Officer, which includes the following information:
A.Â
List of the dwelling units and business units owned by the landlord,
located with Ralpho Township limits, whether occupied or not occupied.
B.Â
Address of each dwelling unit and business unit.
C.Â
Brief description of each dwelling unit or business unit.
D.Â
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
E.Â
Names of the tenant or tenants utilizing the aforementioned dwelling
unit or business unit, if any.
[Ord. 74, 6/9/1987, § 4; as amended by Ord. 119,
4/14/1998]
After the effective date of this Part, any person who becomes
a landlord of any parcel of real estate or any improvement on real
estate or building located in Ralpho Township by agreement of sale,
by deed or by any other means shall, within 30 days thereafter, report
to the Code Enforcement Officer the information and data set forth
in § 103 above, and on forms to be provided by said Code
Enforcement Officer.
[Ord. 74, 6/9/1987, § 5; as amended by Ord. 119,
4/14/1998]
After the effective date of this Part, each and every landlord
of property within Ralpho Township shall report to the Code Enforcement
Officer on a report form to be supplied by the Code Enforcement Officer,
any change in the use or occupancy of any dwelling unit or business
unit owned by such landlord. The reported change shall include the
name or names of new tenants of such dwelling unit or business unit,
the date when such change was effected and the forwarding address
of the old tenant or tenants if known. A landlord of a hotel, inn
or boarding house shall not be required to report a person as a "tenant"
until that person has resided in such landlord's establishment
for a period exceeding 30. In the event that a dwelling unit or business
unit was used or utilized by a tenant and then becomes vacant, this
change shall also be reported to the Code Enforcement Officer. All
reports required by this Section shall be made within 10 days after
a landlord has knowledge that such a unit has had a change in occupancy
or has become vacant.
[Ord. 74, 6/9/1987, § 6; as amended by Ord. 119,
4/14/1998]
The Code Enforcement Officer under the authority of this Part
shall:
A.Â
Maintain on file at the Township office, the names of the landlords
owning dwelling units and business units in Ralpho Township, said
list to include the names of the current tenants of said dwelling
units and business units.
B.Â
Maintain a supply of forms for landlords to use in making reports
to the Code Enforcement Officer as required by §§ 103,
104 and 105 of this Part.
C.Â
Notify the Chief of Police and the Fire Chief of Ralpho Township
of the address and description of any dwelling unit or business unit
that is vacant, unoccupied and not in use.
[Ord. 74, 6/9/1987, § 7; as amended by Ord. 112,
6/11/1996, §§ 1,2; and by Ord. 119, 4/14/1998]
1.Â
Enforcement Notice.
A.Â
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this Section.
B.Â
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.
C.Â
An enforcement notice shall state at least the following:
(1)Â
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)Â
The location of the violation and, if applicable, the property
in violation.
(3)Â
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Part.
(4)Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)Â
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)Â
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.Â
Enforcement Remedies.
A.Â
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part 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 Part which shall be found to have been violated
shall constitute a separate violation.
B.Â
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.
C.Â
District justices shall have initial jurisdiction over
proceedings brought under this Section.
