[HISTORY: Adopted by the Board of Supervisors of the Township of
German as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 28, General Provisions,
Art. I)]
This article is enacted to provide for the uniform and equitable distribution
of the tax levies in the Township and upon the inhabitants thereof and to
promote the health, safety, morals and general welfare of the inhabitants
of the Township.
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A parcel of real estate, with or without improvements located thereon
utilized by any person or persons for any commercial activity or purpose.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
A lessor, or person who acts as agent for the lessor, of any parcel
of real estate located in the Township, or a lessor, or person who acts as
agent for the lessor, of any improvements on real estate or any building located
in the Township.
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, for
a period exceeding 30 days.
Within 30 days from the effective date of this article, each landlord
shall submit to the Township Secretary, a report form supplied by the Township
Secretary, which includes the following information:
A.
List of the dwelling units and business units owned by
the landlord, located within the Township limits, whether occupied or not
occupied.
B.
Address of each dwelling unit and business unit.
C.
Brief description of each dwelling unit or business unit.
D.
Whether or not said dwelling unit or business unit is
inhabited or utilized by tenants.
E.
Names of the tenant or tenants utilizing the aforementioned
dwelling unit or business unit, if any.
After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Township by agreement of sale, by deed, or by any other means, shall, within 30 days thereafter, report to the Township Secretary the information and data set forth in § 11-3 above, and on forms to be provided by the Township Secretary.
After the effective date of this article, each and every landlord of
property within the Township shall report to the Township Secretary on a report
form to be supplied by the Township Secretary, any change in the use or occupancy
of any dwelling unit or business unit owned by such landlord. The reported
change shall include the name or names of new tenants of such dwelling unit
or business unit, the date when such change was effected and the forwarding
address of the old tenant or tenants if known. A landlord of a 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 or business unit was used or utilized
by a tenant and then becomes vacant, this change shall also be reported to
the Township Secretary. 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 Secretary, under the authority of this article, shall:
A.
Maintain on file at the Township office, the names of
the landlords owning dwelling units and business units in the Township, said
list to include the names of the current tenants of said dwelling units and
business units.
C.
Notify the Chief of Police and the Fire Chief of the
Township of the address and description of any dwelling unit or business unit
that is vacant, unoccupied and not in use.
A.
Enforcement notice.
(1)
If it appears to the Board of Supervisors that a violation
of the ordinance has occurred, the Board of Supervisors shall initiate enforcement
proceedings by sending an enforcement notice as provided in this section.
(2)
The enforcement notice shall be sent to the violator
and, if applicable, the owner of the record of the parcel on which the violation
has occurred, to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in writing
by the owner of record.
(3)
An enforcement notice shall state at least the following:
(a)
The name of any violator and, if applicable, the owner
of record and any other person against whom the Board of Supervisors intends
to take action.
(b)
The location of the violation and, if applicable, the
property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this article.
(d)
The date before which the steps for compliance must be
commenced and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal
to the Board of Supervisors within a period of 10 days.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has
violated or permitted the violation of the provision of this article shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Board of Supervisors, pay a judgment of not more than $600 plus all
court costs, including reasonable attorney fees incurred by the Board of Supervisors
as a result thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment, the
Board of Supervisors may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues or each section of
this article which shall be found to have been violated shall constitute a
separate violation.
(2)
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Board of Supervisors
the right to commence any action for enforcement pursuant to this section.
(3)
Magisterial District Judges shall have initial jurisdiction
over proceedings brought under this section.
