[HISTORY: Adopted by the Borough Council of the Borough of
Whitaker as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-13-1988 by Ord. No. 2-1988]
This article shall be known and my be cited as the "Borough
of Whitaker Occupancy Reporting Ordinance."
For the purpose of interpreting the provisions of this article,
the following words shall have the meaning or meanings hereby ascribed
to them:
Any person who either alone, jointly, or severally with others
shall have title, either legal or equitable, to any premises, or shall
have charge, care, or control of the premises as agent for a person
holding legal or equitable title, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of any person holding
legal or equitable title, or, any 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.
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 charged,
made, or levied therefor.
A writing, on forms supplied by the Borough of Whitaker,
or its agents and employees, containing at least the following information,
legibly inscribed thereon:
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 Borough of Whitaker, and stating which residential
or commercial units are occupied or unoccupied.
The full name(s), employment status (i.e., employed within the
Borough of Whitaker, or outside of the Borough of Whitaker, 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.
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 and imposing a penalty, the term "person"
as applied to the partnerships or associations shall include the partners
or members thereof, and if applied to corporations, the officers,
or any person who owns the majority of the stock thereof.
A building or structure, or any portion thereof, suitable
or adaptable for human occupancy for residential, commercial or other
purposes.
Any person who shall inhabit, occupy or possess any premises
owned or controlled by a landlord under a lease, as hereinbefore defined.
A.
All landlords shall, on or before August 1, 1988, file an occupancy
report with the Secretary of the Borough of Whitaker concerning any
existing lease within the Borough of Whitaker on forms provided by
the Borough of Whitaker, its agents or employees.
B.
After the effective date of this article, all landlords, shall within
30 days of the lease of any premises within the Borough of Whitaker,
file an occupancy report with the Secretary of the Borough of Whitaker,
or any other person designated from time to time by Council of the
Borough of Whitaker, on forms provided by the Borough of Whitaker,
it agents or employees.
All landlords shall, within 30 days of any and every change
of occupancy of each premises, file a supplemental occupancy report
with the Secretary of the Borough of Whitaker, or such other person
or agency designated from time to time by Council of the Borough of
Whitaker, on forms to be supplied by the Borough of Whitaker, its
agents or employees, or substitute forms approved by Council of the
Borough of Whitaker, indicating the date upon which any tenant previously
identified in an occupancy report terminating their occupancy, along
with the forwarding or other last known address of said tenant. Such
supplementary reports, apart from the initial report, shall be limited
to the changes which have occurred.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article 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 article in equity
in the Court of Common Pleas of Allegheny County.
As used in this article, 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.
