[Adopted 10-4-1989 by Ord. No. 121 (Ch. 11, Part 1, of the
1993 Code of Ordinances)]
This chapter is enacted to provide for the uniform and equitable
distribution of the tax levies in the Borough of Auburn and upon the
inhabitants thereof and to promote the health, safety, morals and
general welfare of the inhabitants of the Borough of Auburn.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
BUSINESS UNIT
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial activity
or purpose.
DWELLING UNIT
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
LANDLORD
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Borough of Auburn, or a lessor,
or person who acts as agent for the lessor, of any improvements on
real estate or any building located in the Borough of Auburn.
PERSON
Any individual, partnership, association, firm or corporation.
TENANT
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.
Within 30 days from the effective date of this chapter, each
landlord shall submit to the Borough Secretary a report form to be
obtained from the Borough Secretary, which includes the following
information:
A. List of the dwelling units and business units owned by the landlord,
located within the Borough of Auburn limits, whether occupied or not
occupied.
B. Address of each dwelling unit and business unit.
C. Brief description of each dwelling unit or business unit.
D. Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
E. Names of the tenant or tenants utilizing the aforementioned dwelling
unit or business unit, if any.
After the effective date of this chapter, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Borough of Auburn by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Borough Secretary the information and data set forth in §
251-3 above, and on forms to be provided by the Borough Secretary.
After the effective date of this chapter, each and every landlord
of property within the Borough of Auburn shall report to the Borough
Secretary 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 days. 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 Borough Secretary.
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.
The Borough Secretary, under the authority of this chapter,
shall:
A. Maintain on file at the Borough of Auburn office the names of the
landlords owning dwelling units and business units in the Borough
of Auburn, said list to include the names of the current tenants of
said dwelling units and business units.
B. Maintain a supply of forms for landlords to use in making reports to the Borough Secretary as required by §§
251-3,
251-4 and
251-5 of this chapter.
[Amended 12-8-1993 by Ord. No. 12/8/1993]
Any person who shall violate any provision 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.