[Ord. 665, passed 4-1-2002]
This chapter shall be known as the "Brookhaven Borough House
and Apartment Registration Ordinance."
[Ord. 665, passed 4-1-2002]
The purpose of this chapter is to establish a registry of the
houses, apartments and rooms within the Borough to aid in the administration
of Borough affairs.
[Ord. 665, passed 4-1-2002]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any person, who alone, or jointly or severally with others,
holds legal or equitable title to premises upon which and in which
there are quarters for the housing of one or more persons.
An individual, firm, partnership, association or corporation.
A space included within the building occupied by one other
than the owner or members of his or her immediate family for a fee.
[Ord. 665, passed 4-1-2002]
Every owner shall, between September 1 and October 1 of each
year, register with the Borough, on forms provided by the Borough,
all houses, apartments and rooms, other than those exclusively occupied
by the owner and members of his or her immediate family, situate within
the Borough as of September 1 of the year of registration.
(A)
Provided, however, that with regard to rooms, registration shall
be of those individuals who are not transient in nature but who occupy
the rooms as permanent residents.
(B)
No fee shall be charged by the Borough for such registration.
(C)
Within 30 days of any change of either the occupant and/or ownership
of the house, apartment or room, the present owner or in the case
of a transfer of ownership, to a new owner, the new owner shall forthwith
file the registration as herein required.
(D)
An owner shall, at the same time, supply to the Borough his or her
name and address, or the name and address of any agent for the purposes
of serving the owner with all notices as may be required pursuant
to the provisions of the Borough Council or the codified ordinances
of the Borough.
[Ord. 665, passed 4-1-2002]
(A)
The Code Enforcement Officer or designee, is hereby authorized and
directed to conduct inspections from time to time to determine whether
there has been compliance with the registration provisions of this
chapter, provided, however, that no such inspections shall be made
without prior notice to and consent of the owner and occupants thereof.
Such inspections shall not, without the consent of the occupants thereof,
be made other than during normal business hours. In the event the
owner and/or occupants refuse to such inspection, the Code Enforcement
Officer shall not proceed with such inspection without obtaining a
search warrant. The Code Enforcement Officer is hereby authorized
to obtain a search warrant for such purposes.
(B)
For such purpose, and subject to the qualifications set forth herein,
the Code Enforcement Officer or designee is authorized upon justification
based upon reasonable belief of the existence of a violation to enter
and examine any dwelling, yard or part of either, at any reasonable
time, and every owner, operator or occupant shall provide access thereto.
[Ord. 665, passed 4-1-2002]
Any person who shall violate the provisions of this chapter,
by failing to register as herein provided, shall upon conviction thereof,
before a District Justice, be sentenced to pay a fine of not less
than $50 nor more than $600 and the cost of prosecution, and default
of payment of such fine and costs, to imprisonment for not more than
30 days. Each day that a violation continues shall constitute a separate
offense.
