This article is enacted to provide for the uniform and equitable distribution of the tax levies in the Township of Colebrookdale upon the inhabitants thereof, and to promote the health, safety, morals and general welfare of the inhabitants of the Township of Colebrookdale.
[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1992 by Ord. No. 10-92]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
One or more rooms used for living and sleeping purposes arranged for occupancy by one family or by one or more persons.
A lessor of any dwelling unit located in the Township of Colebrookdale.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others, of a dwelling unit owned by a person other than himself, for a period exceeding 30 days.
The Township of Colebrookdale.
A.
Every landlord shall certify to the Township a list of all dwelling units owned by the landlord which as of the date of certification are rented or are available to be rented. The list shall include the address of all such dwelling units and the names of all then-current tenants over 18 years of age. The list shall be submitted on or before September 30 of each year. The forms shall be provided by the Township for the purpose of such registration.
After the effective date of this article, all landlords shall report to the Township any change in occupancy of any dwelling unit owned by the landlord. The report shall include the name(s) of new tenants of the dwelling unit and the date such change was effected, and the forwarding address of the former tenant(s), if known to the landlord. The landlord or owner of an hotel, inn, or boarding house, shall not be required to report a person as a "tenant" until that person has resided in such landlord's establishment for a period exceeding 30 days, in the event that a dwelling unit was occupied by a tenant and then becomes vacant, this change shall also be reported to the Township. All reports required by this section shall be made within 10 days after a landlord has knowledge that such a unit has had a change in occupancy or has become vacant.
The Township shall:
A.
Maintain on file at the Township Office, the names of the landlords owning dwelling units in the Township, and the list of names of all current Tenants of all identified dwelling units;
B.
Maintain a supply of forms for landlords to use in making reports to the Township as required by this article.
A.
Any landlord who willfully or negligently fails to submit tenant lists as required by this article, shall be liable for, in addition to other penalties herein provided, such sums as would have been billed by the Township if such tenant list had been provided less any sums actually received from such tenants for the fiscal year(s) for which the list was not provided.
B.
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township 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 Township may enforce this article in equity in the Court of Common Pleas of Berks County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Should any sentence, clause, section or part of this article be declared to be invalid, illegal, or unconstitutional, such invalidity, illegality, or unconstitutionality shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article. It is hereby declared as the intent of the Board of Commissioners that this article would have been adopted had such invalid, illegal, or unconstitutional sentence, clause, section, or part thereof not been included herein.
All other ordinances or parts of ordinances which are contrary to the provisions of this article are hereby repealed to the extent necessary to give this article full force and effect.
This article shall become effective on June 16, 1992.