[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-21-2018 by Ord. No. 2018-1]
All owners or operators of rental income property within the
Township of Brady, and all other owners of real estate who allow occupancy
of their property for residential purposes, shall furnish to the Tax
Collector or Assessor of Brady Township a written list setting forth
the name and address of tenants or occupants of said property, including
but not limited to apartments or other residences, within 30 days
from the effective date hereof.
It shall be the duty of all owners or operators of rental income
property, and all owners or possessors of property used for residential
purposes, to keep the said list current and to furnish a revised list
in writing to the Tax Collector or Assessor of the Township of Brady
setting forth any changes in occupancy within 10 days.
A.
If it appears to the Township that a violation of this article has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this article.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property in
violation.
(3)
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provisions
of this article.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to the Board
of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
A.
Any person, association, partnership, corporation or company who
or which has violated or permitted the violation of the provisions
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of
not more than $600 plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the magisterial district court. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues or each section of this article
which shall be found to have been violated shall constitute a separate
violation.
B.
Nothing contained in this article shall be construed or interpreted
to grant to any person or entity other than the Township right to
commence any action for enforcement pursuant to this article.
C.
The magisterial district court shall have initial jurisdiction over
proceedings brought under this article.
Any portion of the article that may subsequently be determined
to be invalid shall not effect the remainder of the portion thereof,
it is the intent of the municipality to enact said remaining portion
without regard to the portion declared invalid if ever declared invalid
in the future.
This article shall take effect on the date of signing.
