[Adopted 5-19-1997 by Ord. No. 5-1997]
The Borough finds that many individuals living in the Borough of Mount Pocono are individuals who lease property and whose names and addresses are not a matter of public record. The Borough of Mount Pocono further finds that many such individuals are failing to pay the earned income tax of the Borough of Mount Pocono because they are unknown to the Borough or its designee for the purpose of collecting such tax. Disclosure of the names and addresses of such tenants will promote a more efficient collection of such tax.
Within 30 days of leasing any residential property in the Borough of Mount Pocono, the landlord, or manager designated by the landlord, shall furnish to the Borough Secretary the names and addresses of the tenant or tenants occupying said property. The Borough Secretary of the Borough of Mount Pocono shall provide all landlords with a standard form for the purpose of disclosing the name and address of such landlord's tenants.
Upon adoption of this article, the Borough of Mount Pocono shall publish notice of the same in a newspaper of general circulation in the Borough. Any person, firm or corporation owning or managing residential property located in the Borough of Mount Pocono shall disclose to the Borough of Mount Pocono the names and addresses of any adult residential tenants within 60 days of the article becoming effective. Thereafter, whenever a change in tenancy occurs, the names and addresses of any new tenants shall be disclosed to the Borough Secretary, as well as those tenants who no longer reside at the subject property. Thereafter, on an annual basis, any landlord shall furnish to the Borough the names and addresses of such landlord’s tenants on an annual basis, such information to be received by the Borough Secretary not later than March 15 of each year.
Any person, and the principal of any corporation, and the chief executive officer of any corporation, violating the provisions of this article shall be subject to a penalty of not more than $1,000, plus the costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. In the event that the disclosure is not made after entry of judgment on a request for such penalty, a penalty shall continue to be imposed on a daily basis until the information is provided. The Borough may additionally seek equitable relief to compel enforcement of this article.
In addition to being published in a newspaper of general circulation in the Borough of Mount Pocono, copies of this article shall be provided to the Pocono Mountain Board of Realtors as well as all real estate brokers and agencies having offices within the Borough of Mount Pocono. A copy of this article shall also be prominently posted in the Borough offices.