[HISTORY: Adopted by the Borough Council of the Borough of
Middletown as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 210.
[Adopted 10-8-1973 by Ord. No. 635, approved 10-8-1973]
This article is passed to provide for the uniform and equitable
distribution of the tax levies of the Borough of Middletown upon the
inhabitants of the aforesaid Borough of Middletown.
A.
BUSINESS UNIT
DWELLING UNIT
LANDLORD
PERSON
TENANT
The following words or phrases, when used in this article, shall
have the meanings ascribed to them in this section:
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any commercial motive
or purpose.
One or more rooms used for living and sleeping purposes,
arranged for occupancy by one family or by one person.
A person who holds the legal or equitable title to any parcel
of real estate located in the Borough of Middletown or who holds the
equitable or legal title to any improvements on real estate or any
building located in the Borough of Middletown.
Includes any individual, partnership, association, firm or
corporation.
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself.
B.
In the special case of properties subject to ground rents payable
to the principal and trustees of the Emaus Orphan House, a corporation
organized under special act, relative to the estate of George Frey,
deceased, approved June 20, 1839, the persons holding the long-term
leases (and not said corporation) shall be deemed to be the owners,
subject to the reporting requirements of this article applicable to
their very substantial, historic and unique property interests which
this article, for its practical purposes, equates with ownership.
A.
After the date of this article and within 90 days from the passage
hereof, each landlord shall report to the Secretary of the Borough
of Middletown, on a report form to be supplied by the aforesaid Secretary,
the following information:
(1)
A list of the dwelling units and business units owned by the landlord,
located within the Borough limits, whether occupied or not occupied.
(2)
The address of each dwelling unit and business unit.
(3)
A brief description of each dwelling unit and business unit.
(4)
The names of the tenant or tenants 18 years of age and older utilizing
the aforementioned dwelling unit or business unit, if any.
(5)
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
B.
After the date of this article, any person who acquires the legal or equitable title to any parcel of real estate or to any improvement on real estate or building located in the Borough of Middletown by agreement of sale, by deed or by any other means shall, within 30 days thereafter, report to the Secretary of the aforesaid Borough the information and data set forth in Subsection A above, and on the forms to be provided by the Secretary of the Borough of Middletown.
After the date of this article, each and every landlord owning
property within the Borough of Middletown shall report to the Secretary
of the Borough of Middletown, on a form provided by the Secretary
of the Borough of Middletown, any change in the use or occupancy of
any dwelling unit or business unit owned by the aforesaid landlord.
Such reported change shall include the name or names of new tenants
of such dwelling unit or business unit and shall include the date
when such change was effected. In the case of a landlord who is an
owner of a hotel, inn or boardinghouse, such landlord shall not be required to report
a person as a tenant until that person has resided in such landlord's
establishment for a period of 30 days. In the event that a dwelling
unit or business unit was used or utilized by a tenant and then becomes
vacant, this change shall also be reported to the Secretary. All reports
required by this section shall be made within 10 days after a landlord
has knowledge of such change in use or occupancy or of such vacancy.
The Secretary of the Borough of Middletown, under the authority
of this article, shall have the following duties:
A.
To maintain on file in the Borough offices the names of the landlords
owning dwelling units and business units in the aforesaid Borough
of Middletown, said list to include the names of the current tenants
of said dwelling units and business units.
C.
To notify the Chief of Police and the Fire Chief of the Borough of
Middletown of the address and description of any dwelling unit or
business unit that is vacant, unoccupied and not in use.
D.
To report to the proper officer of the Commonwealth of Pennsylvania
or of the Borough of Middletown when the number of tenants in any
dwelling unit or business unit exceeds the number of tenants or inhabitants
permitted by any ordinance of the Borough of Middletown or by any
law of the Commonwealth of Pennsylvania.
Any landlord who violates any of the provisions of this article
or who furnishes false information to the Borough or who uses a false
name or address in any report required by this article shall, upon
conviction thereof before the District Justice of the Borough, be
sentenced to pay a fine of not less than $50 and not more than $100
and costs of prosecution and, in default of payment thereof, to suffer
imprisonment in the Dauphin County Jail for not more than 30 days.
Each unreported tenant shall constitute a separate offense.