[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-1991 by Ord. No. 179]
This article is enacted to provide for the uniform and equitable distribution of the tax levies in Franconia Township and upon the inhabitants thereof and to promote the health, safety, morals and general welfare of the residents of Franconia Township.
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- BUSINESS UNIT
- A parcel of real estate, with or without improvements located thereon, utilized by any person or persons for any commercial activity or purpose.
- DWELLING UNIT
- 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 a person who acts as agent for the lessor of any parcel of real estate located in Franconia Township or a lessor or person who acts as agent for the lessor of any improvements on real estate or any building located in Franconia 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.
Reports by landlords. Within 30 days from the effective date of this article, each landlord shall submit to the Township Manager a report form supplied by the Township Manager, which includes the following information:
The addresses of each dwelling unit and business unit.
A brief description of each dwelling unit or business unit.
Whether or not said dwelling unit or business unit is inhabited or utilized by tenants.
The names of the tenant or tenants utilizing the aforementioned dwelling unit or business unit, if any.
Reports by persons upon becoming landlords. 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 Franconia Township by agreement of sale, by deed or by any other means shall, within 30 days thereafter, report to the Township Manager the information and data set forth in Subsection A above, on forms to be provided by the Township Manager.
After the effective date of this article, each and every landlord of property within Franconia Township shall report to the Township Manager 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 boardinghouse 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 Manager. 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 Manager, under the authority of this article, shall:
Maintain on file at the township office, the names of the landlords owning dwelling units and business units in Franconia Township, said list to include the names of the current tenants of said dwelling units and business units.
Notify the Chief of Police, the Fire Chief and the Tax Collectors within Franconia Township of the address and description of any dwelling unit or business unit that is vacant, unoccupied and not in use.
[Amended 6-10-1996 by Ord. No. 237]
Any person who violates or permits a violation of this article shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.