The Borough Tax Collector or the Delinquent Tax Collector, as
the case may be, is hereby authorized to utilize and enforce the provisions
of the Act of May 25, 1945, P.L. 1050, § 19, 72 P.S. § 5511.19.
If any tenant fails to pay rent to the Tax Collector following service
of a notice of distraint, the Tax Collector or other Borough officials
are authorized to issue a citation and/or institute civil litigation
against such tenant for the tenant's failure to comply with the
distraint. Such civil litigation and/or citation is authorized by
the Tax Collector and may be prosecuted in the name of the Borough
and initiated by any Borough official.
Any tenant who fails to comply with the distraint notice shall
be subject to a civil penalty for such refusal in the amount of $500
for each month such tenant fails to pay commencing on the first day
of each month following service of the distraint notice. Such tenant
shall also be liable for court costs and reasonable costs and fees
incurred by the Borough or Tax Collector in pursuing a remedy against
a noncomplying tenant. Any net proceeds received by the Tax Collector
or Borough shall be applied to the outstanding tax bill of the landowner.
If any portion of this article is found by a court of competent
jurisdiction to be illegal or unconstitutional, then it is deemed
to be the intent of Borough Council that the balance of this article
would have been enacted irrespective of said invalid portion.
This article shall take effect immediately.