[HISTORY: Adopted by the City Council of the City of New Kensington
5-8-1990 as Ord. No. 3-90. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of New Kensington
Tenant Occupancy Reporting Ordinance."
For the purpose of interpreting the provisions of this chapter, the
following words shall have the meaning or meanings hereby ascribed to them:
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 Westmoreland 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 City Treasurer/Tax Collector
or a substitute form approved by the City Treasurer/Tax Collector or his designee,
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 city
and stating which residential or commercial units are occupied or unoccupied.
The full name(s), employment status (i.e., employed within the city
or outside of the city 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 seventeen
(17) years need to 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.
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.
After the effective date of this chapter, all landlords shall, within
thirty (30) days of the lease of any premises within the City of New Kensington,
file an occupancy report in the office of the City Treasurer/Tax Collector,
on forms provided by the City Treasurer/Tax Collector or on a substitute form
approved by the City Treasurer/Tax Collector or his city designee.
All landlords shall, within thirty (30) days of any and every change
of occupancy of each premises, file a supplemental occupancy report in the
office of the City Treasurer/Tax Collector, on forms to be supplied by the
city or on a substitute form approved by the City Treasurer/Tax Collector
or his designee, indicating the date upon which any tenants 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.
The City Treasurer/Tax Collector or the City Treasurer/Tax Collector's
designee may and is hereby authorized to institute summary proceedings in
accordance with the applicable rules of court for violations of this chapter.
This action shall be brought in the name of the City of New Kensington, 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
City Treasurer/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 six hundred dollars ($600.), and costs of prosecution,
or shall undergo imprisonment for not more than ninety (90) days, or both;
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.
