This article shall be known as the "House Trailer
Ordinance of 1958."
As used in this article, the following terms
shall have the meanings indicated:
HOUSE TRAILERS
A separate vehicle not driven or propelled by its own power,
drawn by some independent power, used or occupied for living quarters,
irrespective of whether said vehicle is mobile or semimobile, irrespective
of whether said vehicle has wheels attached or unattached and irrespective
of whether said vehicle is placed on a foundation and connected with
utility services, and is included to mean any vehicle which is used
or occupied for dwelling purposes which, when rendered mobile, could
be transported from one place to another on existing streets or highways.
After the effective date of this article, a
tax for general revenue purposes is hereby imposed at the rate of
$2 per month on every trailer used or occupied and suitable for dwelling
purposes.
No tax shall be due or payable for the first
30 days any house trailer is used; provided, however, that the mere
temporary removal out of the Township for a period of less than 30
days or the change from one location to another within the Township
shall not be considered as interrupting the continuous occupancy or
location.
The owner or owners or proprietor or proprietors
of land, within 24 hours after the effective date of this article
and thereafter within 24 hours after any trailer used for dwelling
purposes is placed upon the land, shall notify the Secretary of the
Township of West Deer, in writing, of the name or names of the owner
or owners or occupier or occupiers and the vehicle license number
of all trailers used for dwelling purposes upon the land of said owner
or owners.
The tax shall be paid by the owner or owners
of said trailers where occupied by the owner or owners or by the occupier
or occupiers of said trailers where not occupied by the owner or owners,
monthly, to the owner or owners or proprietor or proprietors of land
upon which the trailer is located. It shall be the duty of every owner
or proprietor of the land upon which any such trailer is located to
collect and remit to the Tax Collector of West Deer Township the tax
imposed by this article on or before the first day of the next succeeding
month. Said tax to be paid in advance each month by the owner or occupant
of said house trailer to the owner or proprietor of the land upon
which any home trailer is located.
In order to ensure compliance with the terms
of this article and payment of all taxes coming due hereunder, West
Deer Township Tax Collector shall have the authority to inspect and
examine during reasonable hours, either in person or by representative,
the books and records and physical premises of any person or corporation
engaged in the operation of the trailer camp or in leasing land to
be occupied by trailers.
In order to ensure compliance with the terms
of this article and payment of all taxes coming due hereunder, the
West Deer Township Tax Collector shall have authority to require the
occupant of any house trailer located within said Township to produce
evidence of his or her identification, also the name and address of
the owner of any such house trailer when it is owned by someone other
than the occupant.
[Amended 4-20-2016 by Ord. No. 408]
A. Upon failure of the owner or proprietor of land upon
which any such trailer is located to make the above required reports
or to collect or remit the tax, said tax may be collected with interest
and costs thereon in a summary proceeding before any Magisterial District
Judge from said owner or proprietor.
B. Upon the failure of the owner or occupant of any such
house trailer to pay the said tax above provided, the owner or proprietor
of land upon which any such house trailer is located, shall become
liable for said tax. Said tax may be collected, together with interest
and costs thereon, from said owner or occupant of said house trailer
or from the owner or proprietor of the land upon which any such trailer
is located in a summary proceeding before any Magisterial District
Judge.
All taxes imposed by this article not paid when
due shall bear interest thereon at the rate of 1/2 of 1% per month
until paid.
All taxes imposed by this article, together
with interest due from the due date, shall be recovered as other debts
of like character are recovered.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
Any person, partnership or corporation who or
which has violated or permitted the violation of any provision of
this article, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, shall pay a judgment of not
more than $600, plus all court costs. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by a Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure, at which
time, in addition to any penalties, the violator shall be liable for
any attorneys’ fees and costs incurred by the Township. 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.