The Township of Spring desires to ensure the fair and impartial collection of the Earned Income Tax and the Per Capita Tax imposed by the Township and Per Capita Tax imposed by the Wilson School District. In order to ensure such fair and impartial imposition of taxes, the Township requires a listing of all residents of the Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-23-2004 by Ord. No. 305; amended in its entirety 6-22-2009 by Ord. No. 371 (Ch. XV, Part 1, of the 2013 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
The Board of Supervisors of the Township of Spring, Berks County, Commonwealth of Pennsylvania.
Any building or structure, except temporary housing, which is wholly or partly used or intended to be used or available for use or available to be used for living or sleeping by human occupants.
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used or available for use or available to be used for living or sleeping.
A person who is in the direct line of decent from the ancestor who is the legal owner of the dwelling unit. The descent includes husband and wife, parent and child, brother and sister, and grandparent and grandchild. It does not include a collateral line of descent such as cousins, aunts, uncles, nephews, or nieces.
Any dwelling containing two or more dwelling units.
Any person who alone, jointly or severally with others shall have:
Any individual, firm, corporation, association, partnership or other entity.
Any dwelling, or part thereof, containing one or more rooming units, in which space is let by the owner or operator to three or more persons, who are not the husband, wife, son, daughter, mother, father, sister or brother of the owner or operator.
The Township of Spring, Berks County, Commonwealth of Pennsylvania.
A.
Whoever, as owner or agent, rents or holds out to let any dwelling unit, rooming unit or other living unit subject to the provisions of this article for a period in excess of 14 days shall supply the Secretary of the Township with the following information:
(1)
The street address and mailing address (if different from the street address) of any such dwelling, rooming house or boarding house.
(2)
The number of dwelling units, rooming units or other living units located within said dwelling, rooming house or boarding house, which number shall in no event exceed the number of such units provided for on the housing permit issued to the owner or agent on behalf of the owner.
(3)
The name of each person occupying each dwelling unit, rooming unit or other living unit.
(4)
The period of time for which the rental is made.
B.
Such information shall be supplied to the Secretary of the Township annually and, in addition, such information pertaining to any dwelling unit, rooming unit or other living unit shall also be supplied to the Secretary of the Township within 10 days after the occupancy of such dwelling unit, rooming unit or other living unit shall change.
Any Owner who does not reside within 50 miles of the Township of Spring, Berks County, Pennsylvania, shall notify the Secretary of the Township in writing of a designated responsible agent for the Owner. The designated responsible agent for the Owner shall reside within 50 miles of the Township of Spring, Berks County, Pennsylvania, and shall have the authority to fully act on behalf of the Owner and respond to inquiries of the Township.
Any Codes Enforcement Officer or Assistant Codes Enforcement Officer of the Township of Spring, or other officer, employee or staff of the Township of Spring as designated from time to time by the Board of Supervisors, is hereby designated and authorized to enforce this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person who violates or fails to comply with the provisions of this article or any order, notice, rule or regulation made in connection herewith shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
B.
Every violation of this article shall constitute a separate offense, and each day such violation exists shall constitute a separate offense.
If any sentence, clause, or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections of this article. It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, or section thereof not been included herein.