[Adopted by Ord. No. 8-13-73D; Amended by Ord. No.
4-11-88A]
45.1.1.
This Ordinance shall be known and may be cited as the "Bethel Park
Tenant Occupancy Reporting Ordinance."
45.2.1.
For the purpose of interpreting the provisions of this Ordinance,
the following words shall have the meaning or meanings hereby ascribed
to them:
45.2.2.
LANDLORD — Shall mean any person who either alone, jointly,
or severally with others shall have title to any premises, or shall
have charge, care or control of the premises as agent for the person
holding legal title, or as executor, executrix, administrator, administratrix,
trustee or guardian of the estate of any person holding legal title,
or, and person selling under an article of agreement unless said article
of agreement has been properly recorded in the Office of the Recorder
of Deeds of Allegheny County, Pennsylvania.
45.2.3.
PERSON — Shall mean an individual, partnership, firm, corporation,
association or combination thereof, including those acting in a fiduciary
or representative capacity, whether appointed; by a court or otherwise.
Whenever used in any clause prescribing or imposing a penalty, the
term "Person" as applied to the partnerships or associations shall
include the partners of members thereof, and if applied to corporations,
the officers thereof.
45.2.4.
PREMISES — Shall mean a building or any portion thereof suitable
of adaptable for human occupancy for residential, commercial or other
purposes.
45.2.5.
LEASE — Shall mean any permissive occupancy by a Person or
Persons (other than members of the Landlord's immediate family)
of any Premises, regardless of whether or not any charges, fees or
other considerations are made or levied therefor.
45.2.6.
TENANT — Shall mean any Person who shall inhabit, occupy or
possess any Premises owned or controlled by a Landlord under a Lease
as hereinbefore defined.
45.2.7.
OCCUPANCY REPORT — Shall mean a writing, on forms supplied
by the Municipal Secretary or a substitute form approved by the Secretary
or his designee, containing at least the following information, legibly
inscribed thereon:
1.
The full name, current post office address and telephone number of
the landlord(s) and the location, and current post office address
of each Premises under the ownership control or possession of the
Landlord within the Municipality and stating which residential or
commercial units are occupied or unoccupied.
2.
The full name(s), employment status (i.e. employed within the Municipality,
or outside of Municipality or unemployed), complete and current post
office address of each Tenant occupying any such premises for residential,
commercial or other purposes, date of occupancy and date the occupancy
terminated. Where the tenant is an individual, only those tenants
over the age of 17 years need be identified.
45.3.1.
All landlords shall, on or before June 1, 1988, file an Occupancy
in the Office of the Municipal Secretary concerning any existing Lease
within the Municipality of Bethel Park, on forms provided by the Municipality.
45.3.2.
After the effective date of this Ordinance, all Landlords shall within
30 days of the Lease of any Premises within the Municipality of Bethel
Park, file an Occupancy Report in the Office of the Municipal Secretary,
on forms provided by the Municipal Secretary.
45.4.1.
All Landlords shall, within 30 days of any and every change of occupancy
of each Premises, file a supplemental Occupancy Report in the office
of the Municipal Secretary, on forms to be supplied by the Municipality,
or on a substitute form approved by the Municipal Secretary or his
designee, indicating the date upon which any tenant previously identified
in an Occupancy Report terminated their occupancy, along with the
forwarding, or other last known address of that Tenant. Such supplementary
reports, apart from the initial report, shall be limited to the changes
which have occurred.
45.5.1.
The Municipal Secretary, or the Municipal Secretary's designee,
may and is hereby authorized to institute summary proceedings in accordance
with the applicable Rules of Court for violation of this Ordinance.
This action shall be brought in the name of the Municipality of Bethel
Park, and any Landlord convicted of violating any of the provisions
of this Ordinance, that is, failing, neglecting or refusing to file
any required Occupancy Report within the time limits prescribed by
this Ordinance, or refusing to notify the Municipal Secretary of any
change in occupancy within the time limits prescribed by this Ordinance,
or who shall knowingly make any incomplete, false or fraudulent report,
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and costs of prosecution, or shall undergo imprisonment
for not more than 30 days, or both, provided, however, the Landlord
shall not be subject to any penalties provided for under this Ordinance
for incorrect or misinformation furnished to the Landlord by any Tenant(s).
A separate offense shall be deemed committed each day on which, or
during which a violation of this Ordinance occurs, or continues.
45.6.1.
The provisions of this Ordinance shall be severable, and, if any
of the provisions hereof shall be held to be unconstitutional, void,
or otherwise unenforceable, such shall not affect the validity of
any of the remaining provisions of said Ordinance.
45.7.1.
As used in this Ordinance, whenever the context so indicates the
masculine, feminine or neuter gender, and the singular or plural number,
shall each be deemed to include the other.
