[Ord. 731, 9/15/1982,
§ 1]
This Part shall be known and be cited as the "Landlord Occupancy
Report Ordinance."
[Ord. 731, 9/15/1982,
§ 2]
For the purpose of interpreting the provisions of this Part,
the following words shall have the meaning or meanings hereby ascribed
to them:
Any person who for monetary or other consideration grants,
permits or otherwise allows another person to use or occupy or exercise
control over premises or any part thereof as a lessee, sublessee,
licensee, invitee or concessionaire, whether or not he is the owner
of the premises, and further shall also include any agent or other
person authorized to collect rents on behalf of another person.
A writing, including forms supplied by the Borough Manager,
containing at least the following information legibly inscribed thereon:
The names and current complete mailing addresses of any and
all persons using, occupying or exercising control over premises owned
by, subject to or in control of the landlord.
The date upon which each person commenced such use, occupancy
or exercise of control over the premises of the landlord.
The date upon which any person previously identified in an occupancy
report terminated the use, occupancy or exercise of control over the
premises of the landlord and the forwarding or other last known address
of that person.
The name, current address and telephone number of the landlord.
A statement by the landlord verifying the contents of the report
duly executed and acknowledged by the landlord.
An individual, partnership, 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 partnerships
or associations shall include the partners or members thereof, and
if applied to corporations, the officers thereof.
A building or portion thereof suitable or adaptable for human
occupancy for residential, commercial or other purposes.
[Ord. 731, 9/15/1982,
§ 3]
Each landlord shall file an occupancy report in the office of
the Borough Manager on or before January 31, 1983. Beginning in 1984
every landlord shall annually file an occupancy report in the office
of the Borough Manager on or before May 31. Every landlord shall file
an occupancy report in the office of the Borough Secretary within
30 days after each and every change of occupancy of each premises
by any lessee, sublessee, licensee, invitee or concessionaire. Such
supplementary reports, apart from the annual report, may be limited
to the change made.
[Ord. 731, 9/15/1982,
§ 4; as amended by Ord. 830, 3/18/1992; and by Ord. 976, 1/16/2008]
1.Â
Any landlord who fails to file any required occupancy report or who
makes any false or fraudulent report or who fraudulently omits required
portions of a report shall, by such conduct, violate the provisions
of this Part.
2.Â
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
3.Â
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
4.Â
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
