This chapter shall be known and may be cited as the "Marshall Township Tenant Occupancy Reporting Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 11-1-1989 by Ord. No. 224. Amendments noted where applicable.]
A. LANDLORD LEASE OCCUPANCY REPORT(1) (2) PERSON PREMISES TENANT
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Any person who either alone, jointly or severally with others shall have title to any premises or shall have charge, care or control of the premises as agent for the person holding legal title or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of any person holding legal title, or any person selling under an article of agreement unless said article of agreement has been properly recorded in the office of the Recorder of Deeds of Allegheny County, Pennsylvania.
Any permissive occupancy by a person or persons (other than members of the landlord's immediate family) of any premises, regardless of whether or not any charges, fees or other considerations are made or levied therefor.
A writing, on forms supplied by the Municipal Manager or Tax Collector, containing at least the following information, legibly inscribed thereon:
The full name, current post office address and telephone number of the landlord(s) and the location and current post office address of each premises under the ownership, control or possession of the landlord within the Township and stating which residential or commercial units are occupied or unoccupied.
The full name(s), employment status (i.e., employed within the Township or outside of the Township or unemployed), complete and current post office address of each tenant occupying any such premises for residential, commercial or other purposes, date of occupancy and date the occupancy terminated. Where the tenant is an individual, only those tenants over the age of 17 years need be identified.
An individual, partnership, firm, corporation, association or combination thereof, including those acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. Whenever used in any clause prescribing or imposing a penalty, the term "person," as applied to the partnerships or associations, shall include the partners or members thereof, and if applied to corporations, the officers thereof.
A building or any portion thereof suitable or adaptable for human occupancy for residential, commercial or other purposes.
Any person who shall inhabit, occupy or possess any premises owned or controlled by a landlord under a lease, as hereinbefore defined.
B.
Number and gender defined. As used in this Chapter, whenever the context so indicates, the masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the other.
A.
All landlords shall, on or before January 1, 1989, file an occupancy report with the Tax Collector concerning any existing lease within Marshall Township, on forms provided by the Township or the Tax Collector.
B.
After the effective date of this Chapter, all landlords shall, within 30 days of the lease of any premises within Marshall Township, file an occupancy report in the office of the Tax Collector.
All landlords shall, within 30 days of any and every change of occupancy of each premises, file a supplemental occupancy report in the office of the Tax Collector, on forms to be supplied by the Township, indicating the date upon which any tenant previously identified in an occupancy report terminated their occupancy, along with the forwarding or other last known address of that tenant. Such supplementary reports, apart from the initial report, shall be limited to the changes which have occurred.
[Amended 10-5-1994 by Ord. No. 263]
The Tax Collector may and is hereby authorized to institute summary proceedings in accordance with the applicable Rules of Court for violation of this Chapter. This action shall be brought in the name of Marshall Township, and any landlord convicted of violating any of the provisions of this Chapter, that is, failing, neglecting or refusing to file any required occupancy report within the time limits prescribed by this Chapter or refusing to notify the Tax Collector of any change in occupancy within the time limits prescribed by this Chapter, or who shall knowingly make any incomplete, false or fraudulent report shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days; provided, however, that the landlord shall not be subject to any penalties provided for under this Chapter for incorrect or misinformation furnished to the landlord by any tenant(s). A separate offense shall be deemed committed each day on which or during which a violation of this Chapter occurs or continues.