[Adopted 7-20-2023 by Ord. No. 2023-03]
As used in this Part, the following terms shall have the meanings
indicated:
Borough of Homestead.
The appointed Code Official for the Borough, unless the Council
of the Borough appoints another person to collect the commercial parking
privilege permit fee, in which case the term "Collector" shall mean
the person so appointed.
Dealing in or selling goods, food, sundries, wares or merchandise
at retail or wholesale. The term "commercial business" includes, without
limitation, restaurants, office or medical buildings, hotels, movie
theaters, financial institutions, art and music studios, recreation
and amusement facilities, personal services, health and fitness centers,
schools, and multifamily dwellings with more than eight parking spaces.
Any off-street area owned, leased, licensed, used or otherwise
controlled by a commercial business for the primary purpose of parking
of motor vehicles by customers or employees of the commercial business.
Any space designated for parking of a motor vehicle in a
parking lot.
The twelve-month period beginning the first day of January
of any given year.
Any natural individual, partnership, joint venture, limited
partnership, company, limited liability company, association, corporation,
professional corporation, limited liability corporation or other legal
entity.
1.
There is hereby levied, assessed and imposed an annual commercial
parking privilege permit fee upon every person engaged in a commercial
business that has one or more parking lots within the Borough during
the permit year, and each such person shall pay the commercial parking
privilege permit fee.
2.
The fee imposed hereunder shall be imposed for the permit year 2024
and for each permit year thereafter.
1.
The commercial parking privilege permit fee levied, assessed and
imposed under this Part shall be set by resolution of Council, as
amended from time to time.
2.
Except as provided in Subsection 3, below, the commercial parking privilege permit fee for the 2024 permit year shall be due at the office of the Collector on March 31, 2024, and the commercial parking privilege permit fee for each permit year thereafter shall be due at the office of the Collector on January 1 of the permit year. If, in any permit year, the date on which the commercial parking privilege permit fee is otherwise due is a Saturday, Sunday or Borough holiday, the commercial parking privilege permit fee for that permit year shall be due on the next Borough business day.
3.
If a person begins to engage in a commercial business within the Borough after the first day of a permit year, the person shall pay an amount of commercial parking privilege permit fee prorated based upon the calendar quarters, or parts thereof, remaining in the permit year as of the date of beginning of the commercial business. If the date of beginning of the commercial business occurs after the commercial parking privilege permit fee due date established in Subsection 2, above, then the commercial parking privilege permit fee shall be due at the office of the Collector on the date of registration.
4.
The commercial parking privilege permit fee shall be deemed to be
delinquent if not paid at the office of the Collector on the date
it shall become due.
5.
The Collector shall not issue a permit to any person who fails to
pay the commercial parking privilege permit fee upon registration
when required to do so.
6.
Failure to pay the commercial parking privilege permit fee on the
date it becomes due, or any penalty or interest due on the commercial
parking privilege permit fee, shall be a violation of this Part.
1.
Every person who is engaged in a commercial business within the Borough,
or who desires to continue to do so, or who hereinafter begins to
do so, shall, on or before the commencement of the permit year or
prior to so engaging in such permit year, make application for registration
with the Collector, unless he, she or it has previously registered.
Such registration needs to be made only once by the completion of
an application furnished by the Collector. Each application for registration
shall be signed: in the case of a natural individual, by the natural
individual; in the case of a partnership, limited partnership or joint
venture, by the managing member thereof, and in the case of an association,
company, limited liability company, corporation, professional corporation
or limited liability corporation or other legal entity, by an officer
thereof. Each applicant shall receive a certificate of registration
from the Collector, which shall not be assignable. In the case of
loss, defacement or destruction of any certificate, the person to
whom the certificate was issued shall apply to the Collector for a
new certificate, for which a fee of $2 shall be charged.
2.
No person who is required to register by this section shall engage
in a commercial business prior to registering and obtaining a certificate
of registration.
3.
If any elected or appointed officer or employee of the Borough learns
of any person who is engaged in a commercial business within the Borough
without having registered as required in this section, he or she shall
forward the name to the Collector, who shall then add the name of
the person so reported to the list of registered permittees.
4.
If the Collector learns of any person who is engaged in a commercial
business within the Borough without having registered with the Collector,
the Collector shall add the name to the registered permittees.
5.
Any failure by a person required to do so to register or to have
a certificate of registration and any person's engaging in a
commercial business without registering and having obtained a permit
shall be deemed a violation of this Part.
6.
The Collector shall give to all persons covered by this Part a notice of commercial parking privilege permit fee due for permit year 2024 and for each permit year thereafter. The persons covered by this Part shall return this notice along with the amount of the commercial parking privilege permit fee to be paid to the Collector. Failure of the Collector to give or the person covered by this Part to receive the notice required by this subsection shall not excuse the person from paying the commercial parking privilege permit fee where and when due under § 13-1203.
1.
It shall be the duty of the Collector to collect and receive the
commercial parking privilege permit fees, penalties, interest and
fines imposed by this Part; to keep a record showing the amount received
by the Collector from each person paying the commercial parking privilege
permit fee, penalty, interest or fine, and the date of such receipt;
to administer the provisions of this Part, and to enforce the provisions
of this Part.
2.
The Collector is hereby authorized and directed to make and to keep
such records; to prepare such forms; to prescribe, adopt and enforce
such rules and regulations relating to any matter pertaining to the
administration and enforcement of this Part, including rules or regulations
for the reexamination and correction of notices and payments alleged
or found to be incorrect, or as to which an overpayment is claimed
or found to have occurred; to make reasonable investigation to verify
the accuracy of any payment made or the reason for nonpayment, and
to take such other measures as may be necessary or convenient to carry
this Part into effect.
3.
The Collector shall put all permit fees, interest and penalties collected
or received under the provisions of this Part into the treasury of
the Borough for the use and benefit of the Borough.
In addition to any other remedy available to the Borough or
Collector under this Part, all fees, penalties, interest and fines
imposed by this Part shall be recoverable by the Collector or Borough
as other debts are recoverable.
1.
All delinquent commercial parking privilege permit fees, penalties
and interest under this Part shall be collected by the Collector or
Borough as other delinquent taxes, fees, penalties and interest are
now collected, with the assistance of the Borough Solicitor, when
requested.
2.
An additional 10% of the amount of the commercial parking privilege
permit fee shall be added to any commercial parking privilege permit
fee that is delinquent and shall be collected by the Collector.
3.
Delinquent commercial parking privilege permit fees due under this
Part shall bear interest at the rate of 0.5% per month or fractional
part of a month from the day they are due and payable until paid.
Any person convicted by a Magisterial District Judge of violating
any provisions of this Part shall be sentenced to pay to the Borough
in addition to the delinquent permits fee, penalty and interest, if
any, an amount not exceeding $1,000, along with cost of prosecution,
including attorney's fees, and, in default of payment of such
fine, costs and fees, to be imprisoned for a period not to exceed
30 days.
