[HISTORY: Adopted by the Borough Council of the Borough of
Sinking Spring 4-20-1978 by Ord.
No. 403. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
One who grants a lease or rents real estate to another for
dwelling purposes.
Any natural person, excluding partnerships, associations,
firms and corporations. The singular shall include the plural, and
the masculine shall include the feminine.
Includes but is not limited to all single-family dwelling
units, multiple-family units, apartments, townhouses and mobile home
sites.
On and after the effective date of this chapter, no person shall
move into or remove from, or cause his or her personal property to
be so moved into or removed from, any house, dwelling or other building
within the Borough of Sinking Spring without first having obtained
a permit therefor, as hereinafter provided.
Applications for permits shall be filed with and permits shall
be issued by the Borough Secretary pursuant to the provisions of this
chapter. No fee shall be charged for any such permit.
Every person seeking a permit to occupy any premises shall file
an application on a form furnished by the Borough, setting forth the
name of the applicant, the location of the premises, the name of the
owner, the address of the owner and the names and ages of the occupants.
When such person is a member of a family unit moving into the Borough
of Sinking Spring, notice need only be given by the head of the family
unit specifying all persons in the family unit that have taken up
residence within the Borough.
Every person seeking a permit to remove from any premises shall
file an application setting forth the name of the applicant, the location
of the premises from which removal is to be made, the expected time
of departure, the address to which moving and the names and ages of
any other members of the household who may be removing from the Borough
with the applicant. There shall be attached to said application sufficient
proof of payment of Borough or school taxes, if any, for the current
year. When such person is a member of a family unit moving from the
Borough, notice need only be given by the head of the family unit
specifying all persons in the family unit that have taken up residence
within the Borough.
Upon the filing of the application, it shall be the duty of
the Borough Secretary to issue the requested permit if, in the event
the application is for a permit to move into the Borough, the indicated
use does not violate any of the ordinances of the Borough of Sinking
Spring or if, in the event the permit is for the removal from the
Borough, there are no outstanding obligations due the Borough or school
district.
Each person, landlord or lessor, including partnerships, associations,
firms or corporations, who owns or controls property within the Borough
that is leased, granted or rented as a dwelling unit is hereby required
to furnish the Borough Secretary the name, address, date of birth
and employer of any and all persons 18 years of age or older, living,
occupying or dwelling in or upon such real property so owned. This
notice shall be given in writing within 15 days of the date of any
such person moving into the Borough of Sinking Spring.
A.
Nothing contained in this chapter shall be construed to require any
owner of tangible personal property held for the purpose of manufacturing
in the ordinary course of his business or held for the purpose of
sale or resale in the ordinary course of his business to obtain any
such permit to transport or remove such tangible personal property
from or to any warehouse, storehouse or usual place of business.
B.
Nothing contained in this chapter shall be construed as to require
any hotel, lodging house or rooming house to obtain any such permit
for the use of transient guests or to require such transient guests
to obtain a permit.
It shall be unlawful for any person to transport or remove his
or her own personal property or the personal property of another person,
which said person is moving into or removing from a house, dwelling
or other building within the Borough of Sinking Spring, unless such
person so moving into or removing from the said Borough of Sinking
Spring shall have first obtained the permit as hereinbefore provided.
It shall be the duty of such person, firm or corporation transporting
or removing the personal property of himself, itself or of another
person, to or from the Borough of Sinking Spring, to ascertain that
the person whose property is to be so transported or removed has obtained
a permit as hereinbefore required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, lessor, landlord, firm or partnership, association
or corporation who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Berks County.
