[Adopted 11-20-2012 by Ord. No. 8-2012; amended in its entirety 3-15-2016 by Ord. No. 1-2016]
This article shall be known and may be cited as the "Larksville
Borough Landlord Registration, Licensing and Occupancy Ordinance."
As used in this article, the following terms shall have the
meanings hereinafter set forth unless the context of this article
shall clearly indicate otherwise:
LANDLORD
One or more persons, as defined by this section, jointly
or severally, in whom all or part of the legal title to the premises
is vested or all or part of the beneficial ownership and a right to
the present use and enjoyment of the premises. This definition includes
a mortgage holder in possession of a residential rental unit.
LARKSVILLE BOROUGH
The Borough of Larksville, County of Luzerne and Commonwealth
of Pennsylvania.
OCCUPANCY LICENSE
The license issued to the owner of residential unit(s) under
this article, which is required for the lawful rental and occupancy
of residential rental unit(s).
OCCUPANT
An individual who resides in a residential rental unit, with
whom a legal relationship with the owner/landlord is established by
a lease, whether written or oral, or by the laws of the Commonwealth
of Pennsylvania.
OWNER
Shall have the same definition as set forth herein for "landlord";
and such terms may be used in combination or interchangeably in this
article.
PERSON
A natural person, partnership, corporation, unincorporated
association, limited partnership, limited-liability company, estate,
trust, or any other entity.
PROPERTY MANAGER
A natural person, partnership, corporation, unincorporated
association, limited partnership, limited-liability company, estate,
trust, or any other entity appointed by a landlord to take care of
rental property within the Borough of Larksville and be the agent
of said landlord.
RENTAL INSPECTION
An inspection of a residential rental unit or units by Larksville
Borough's Code Enforcement officials or such other agency or
company as Larksville Borough may from time to time designate to perform
such inspections.
RESIDENTIAL RENTAL UNIT
Any structure within Larksville Borough occupied by someone
other than the owner of the real estate as determined by the most
current deed and for which the owner of the said parcel of real estate
receives any value, including but not limited to money, or the exchange
of services. Each apartment or other separately designated portion
or area within a structure is a separate unit requiring a license.
In the event that any one or more of the provisions of this
article shall, for any reason, be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall
not affect any other provision hereof, and this article shall be construed
as if such invalid, illegal or unenforceable provision had never been
contained herein.