[Ord. 97-2, 7/14/1997, § 1]
This part is enacted to provide for the uniform and equitable distribution of the tax levies in New Hanover Township upon the inhabitants thereof and to promote the health, safety, and general welfare of the Township of New Hanover and the inhabitants thereof.
[Ord. 97-2, 7/14/1997, § 2]
As used in this part, the following terms shall have the meanings indicated:
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, a structure, building, or house used for living and sleeping purposes.
LANDLORD
The owner(s), whether an individual, individuals, partnership, joint venture, corporation, or other lawful entity, or a person or other lawful entity, who or which acts as agent for owner to lease, rent, let, or sublet, any parcel of real estate, business unit, room, structure, building, house, dwelling unit, or any part thereof situate within the Township of New Hanover.
PERSON
Any individual, partnership, association, firm or corporation, or other lawful entity.
RENTAL/RENTABLE UNIT
A business unit or dwelling unit including, but not limited to, any parcel of real estate, room, structure, building, house, or a part thereof made available for lease, rent, let, or sublet to any tenant or occupant not the owner thereof for consideration, whether in cash or in kind for a period exceeding 30 days.
TENANT
A person, as hereinbefore defined, who, or which, has the use of a dwelling unit or a business unit owned by a person other than tenant for a period exceeding 30 days.
[Ord. 97-2, 7/14/1997, § 3]
1. 
On or before the 30th day of January of each year or within 30 days of the first occupancy of a rental or rentable unit following its conversion to a rental or rentable unit, each landlord shall submit to the Zoning and Code Enforcement Officer, or such other individual as may be designated by the Board of Supervisors, from time to time, a report in a form as may be adopted and approved by the Board of Supervisors, from time to time, which shall include the following information:
A. 
A list of the rental or rentable units, including both dwelling units and business units, owned by the landlord situate within New Hanover Township, whether occupied or not occupied.
B. 
The address of each rental or rentable unit and business unit.
C. 
A brief description of each rental or rentable unit or business unit.
D. 
A statement whether or not said rental or rentable unit is occupied, inhabited or otherwise utilized by a tenant or tenants.
E. 
The name or names of the tenant or tenants occupying, inhabiting, or otherwise utilizing the aforementioned rental or rentable unit along with the mailing address for said tenant if different from the address for the rental or rentable unit.
F. 
A statement of the use or the nature of occupancy of said rental or rentable unit.
[Ord. 97-2, 7/14/1997, § 4]
After the effective date of this part, any person who becomes a landlord of any parcel of real estate or building or part thereof in New Hanover Township, whether by agreement of sale, deed, inheritance, devise, bequest, conversion of an existing owner occupied site, or any other means, within 30 days thereafter, shall report to the Zoning and Code Enforcement Officer, or other individual designated by the Board of Supervisors, from time to time, the information and data set forth in § 4-103 above on the form approved by the Township.
[Ord. 97-2, 7/14/1997, § 5]
After the effective date of this part, each and every landlord of property within New Hanover Township shall report to the Zoning and Code Enforcement Officer or such other individual as may be designated by the Board of Supervisors from time to time, on a report form to be approved by the Township, any change in the use, occupancy, tenancy or utilization of any rental or rentable unit owned by such landlord supplying the information as required in § 4-103 above. The reported change shall include the name or names of the new tenant or tenants of such rental or rentable unit, the date when such change was effected, and the forwarding address, if any, of the prior 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 rental or rentable unit was occupied, used, or utilized by a tenant and then becomes vacant, this change shall also be reported to the Zoning and Code Enforcement Officer or such other person as may be designated by the Board of Supervisors from time to time. All reports required by this section shall be made prior to said change in occupancy and, at least, within 10 days after a landlord had knowledge that such a change in occupancy will occur or said unit has become vacant.
[Ord. 97-2, 7/14/1997, § 6]
Prior to permitting a change of use, occupancy, tenancy, or other utilization of a rental or rentable unit, the landlord shall give notice to the Zoning and Code Enforcement Officer of the intent to permit or allow such change of use, occupancy or tenancy and shall permit the Zoning and Code Enforcement Officer, or such other person as may be designated by the Board of Supervisors from time to time, to inspect the said rental or rentable unit and any portion or part thereof to be occupied or utilized by tenant for compliance with any and all codes, ordinances, rules and administrative requirements of the Township. Landlord shall give the Zoning and Code Enforcement Officer not less than five days' advance notice of the intent to occupy said rental or rentable unit and shall not permit the occupant or tenant to occupy, use, or inhabit the rental or rentable unit until five days after providing such notice to the Zoning and Code Enforcement Officer. Upon receiving such notice, the Zoning and Code Enforcement Officer shall within five days (including Monday through Friday but excluding weekends and holidays) or within such time as is otherwise reasonable and practical, conduct an inspection of the said rental or rentable unit to determine whether the same is in compliance with the Township codes, ordinances, rules or administrative regulations such as may be applicable to the subject site. Upon completing such inspection and determining that the property is in compliance with the codes, ordinances, rules and regulations of the Township, the Zoning and Code Enforcement Officer shall issue a use and occupancy permit for the subject site upon receipt of which the landlord can instruct the occupant or tenant to take occupancy and utilize said site. In the event that such inspection should reveal or disclose any violations or noncompliance with the codes, ordinances, rules and administrative regulations of the Township, the Zoning and Code Enforcement Officer shall issue a notice, in writing, identifying and enumerating such violations or elements of noncompliance and the landlord shall have 10 days within which to undertake and complete remediation activities and/or restoration to bring such site into compliance with the Township's codes, ordinances, rules and administrative regulations, upon completion of which the Zoning and Code Enforcement Officer shall reinspect the premises as may be necessary to determine and confirm compliance with the same. Upon issuance of a notice of violation and until remedial or restorative action is undertaken to bring such site into compliance therewith, confirmed by the Zoning and Code Enforcement Officer by reinspection of said site, the landlord shall not permit, allow, or otherwise encourage the occupant or tenant to occupy or otherwise utilize said site.
[Ord. 97-2, 7/14/1997, § 7]
1. 
The Zoning and Code Enforcement Officer, or such other individual as may be designated by the Board of Supervisors from time to time, under the authority of this part shall:
A. 
Maintain on file at the New Hanover Township building the names of the landlords owning rental or rentable units in New Hanover Township, said list to include the names of the current tenants of said dwelling unit and business units.
B. 
Maintain a supply of forms for landlords to use in making reports as required by §§ 4-103, 4-104 and 4-105 of this part.
C. 
Retain records available to the Chief of Police and the Fire Marshall of New Hanover Township of the address and description of any rental or rentable unit or business unit that is vacant, unoccupied and not in use.
D. 
Retain records that shall be available for inspection by the census enumerator for the Township of New Hanover of the name and mailing address of any and all tenants or occupants of rental or rentable units as may be appropriate to implement the Township's various tax levies and/or assessments.
[Ord. 97-2, 7/14/1997, § 8; as amended by Ord. 97-7, 10/13/1997, § 4-208; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.