[HISTORY: Adopted by the Board of Supervisors of the Township of
Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-1973 by Ord. No. 135]
The following words when used in this article shall have the meanings
ascribed to them in this section except where the context clearly indicates
or requires a different meaning:
The act of effecting a change in the occupancy of any residence,
or place of business, or the act of occupying a formerly vacant residence
or place of business or the act of rendering a residence or place of business
vacant.
Any natural person, partnership, association, firm or corporation.
Any building or portion thereof used or useful for the purpose of
housing any business, trade or other commercial activity, or for the purpose
of housing any business office, professional office or other similar activity.
Any house, mobile home, apartment or other dwelling unit designed
for the use of one or more persons as a place of abode, excluding hotel rooms,
motel units and other similar accommodations for transient persons.
No person shall move into or vacate any residence or place of business
within Derry Township without first giving notice to the Township in the manner
hereinafter provided.
[Amended 12-17-1985 by Ord. No. 270]
Any person who shall move the property of any other person into or out
of any residence or place of business when he knows or should know that notification
required hereunder has not been given shall be guilty of a violation of this
article.
The notification required in this article shall be given at the Township
office to the Township Secretary or such other employee at the Township as
shall be in charge of the Township office, and such notification shall be
given upon forms provided by the Township.
[Amended 12-17-1985 by Ord. No. 270[1]]
The notification required under this article may be given by the owner
of the premises, the person desiring to move or by any person engaged to perform
the moving service and the person giving such notification shall not be required
to pay any fee.
[Amended 12-17-1985 by Ord. No. 270]
The Township Secretary or other such employee of the Township in charge
of the office to whom notification is given shall, upon request, issue a receipt
or other evidence indicating that notification has been given to the Township.
The Chief of Police or such other officer as he shall delegate is hereby
charged with the responsibility of reviewing daily the notifications filed
pursuant to this article and of informing the members of the police force
thereof.
The Township Secretary shall have the duty to notify the Tax Collector
at least quarterly of the notifications filed under this article so that the
Tax Collector may revise his records of taxables in reliance thereon.
A.
Enforcement notice.
(1)
If it appears to the Township that a violation of this
article has occurred, the Township 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 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of this article, or
furnished false information on any application required by this article, shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court costs,
including reasonable attorney fees incurred by the Township 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 district justice. If the defendant
neither pays nor timely appeals the judgment, the Township 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 Township the
right to commence any action for enforcement pursuant to this section.
(3)
District justices shall have initial jurisdiction over
proceedings brought under this section.
[Adopted 2-24-1975 by Ord. No. 158]
The following words when used in this article shall have the meaning
ascribed to them in this section except where the context clearly indicates
or requires a different meaning:
That person or persons who has the use of real estate of a lessor
and is responsible for the giving of any type of consideration therefor, but
excluding those who are lessees for a period of less than 30 days.
Any person who grants a lease or otherwise permits the use of his
real estate or portion thereof for a consideration, monetary or otherwise,
excluding hotels and motels except to the extent that they have permanent
residents.
Any natural person, partnership, association, firm or corporation.
Township of Derry, Dauphin County, Pennsylvania.
All lessors within 30 days after the effective date of this article
or, in case of real estate thereafter acquired or thereafter rented or becoming
available for rental, within 30 days after the acquisition, rental or availability
for rental thereof, as the case may be, shall report to the Township the number
of the parcels or units of real estate presently or hereafter rented and available
for rental, a description (by address, number and/or some other meaningful
method) of the said parcels or units, and the names of its lessees at the
time of such report, together with a designation as to which unit or parcel
is occupied by each.
Any change in the occupancy of real estate rented or leased or in the identity of the lessee from that shown in the report of the lessor as required in § 106-11 shall be reported by lessor to the Township within 10 days after such change. It is intended hereby that lessors shall report a new lessee or a lessee who rents or leases a different unit or parcel of lessor's real estate and when a unit or parcel of their real estate becomes vacant.
The Derry Township Manager shall prepare a form report entitled "Status of Occupancy Report," which form report shall require that information set forth in §§ 106-11 and 106-12 of this article and such other pertinent information necessary for the updating of tax records that the Board, by resolution, may direct that it be incorporated into the said report form. All information gathered pursuant to this article shall be used only for the collection of taxes and for no other purpose.
A.
Enforcement notice.
(1)
If it appears to the Township that a violation of this
article has occurred, the Township 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 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of this article shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court costs,
including reasonable attorney fees incurred by the Township 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 district justice. If the defendant
neither pays nor timely appeals the judgment, the Township 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 Township the
right to commence any action for enforcement pursuant to this section.
(3)
District justices shall have initial jurisdiction over
proceedings brought under this section.
