ARTICLE IRegistration and Reporting (§ 219-1 — § 219-6)
§ 219-3Information to be reported by landlord; time limits.
§ 219-4Report of occupancy changes.
§ 219-5Duties of Borough Secretary.
§ 219-6Violations and penalties.
This Article is passed to provide for the uniform and equitable distribution of the tax levies of the Borough of Middletown upon the inhabitants of the aforesaid Borough of Middletown.
The following words or phrases, when used in this Article, shall have the meanings ascribed to them in this section:
- BUSINESS UNIT
- A parcel of real estate, with or without improvements located thereon, utilized by any person or persons for any commercial motive or purpose.
- DWELLING UNIT
- One (1) or more rooms used for living and sleeping purposes, arranged for occupancy by one (1) family or by one (1) person.
- A person who holds the legal or equitable title to any parcel of real estate located in the Borough of Middletown or who holds the equitable or legal title to any improvements on real estate or any building located in the Borough of Middletown.
- Includes 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.
In the special case of properties subject to ground rents payable to the principal and trustees of the Emaus Orphan House, a corporation organized under special act, relative to the estate of George Frey, deceased, approved June 20, 1839, the persons holding the long-term leases (and not said corporation) shall be deemed to be the owners, subject to the reporting requirements of this Article applicable to their very substantial, historic and unique property interests which this Article, for its practical purposes, equates with ownership.
After the date of this Article and within ninety (90) days from the passage hereof, each landlord shall report to the Secretary of the Borough of Middletown, on a report form to be supplied by the aforesaid Secretary, the following information:
A list of the dwelling units and business units owned by the landlord, located within the borough limits, whether occupied or not occupied.
The address of each dwelling unit and business unit.
A brief description of each dwelling unit and business unit.
The names of the tenant or tenants eighteen (18) years of age and older utilizing the aforementioned dwelling unit or business unit, if any.
Whether or not said dwelling unit or business unit is inhabited or utilized by tenants.
After the date of this Article, any person who acquires the legal or equitable title to any parcel of real estate or to any improvement on real estate or building located in the Borough of Middletown by agreement of sale, by deed or by any other means shall, within thirty (30) days thereafter, report to the Secretary of the aforesaid borough the information and data set forth in Subsection A above, and on the forms to be provided by the Secretary of the Borough of Middletown.
After the date of this Article, each and every landlord owning property within the Borough of Middletown shall report to the Secretary of the Borough of Middletown, on a form provided by the Secretary of the Borough of Middletown, any change in the use or occupancy of any dwelling unit or business unit owned by the aforesaid landlord. Such reported change shall include the name or names of new tenants of such dwelling unit or business unit and shall include the date when such change was effected. In the case of a landlord who is an owner of a hotel, inn or boarding house, such landlord shall not be required to report a person as a tenant until that person has resided in such landlord's establishment for a period of thirty (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 Secretary. All reports required by this section shall be made within ten (10) days after a landlord has knowledge of such change in use or occupancy or of such vacancy.
The Secretary of the Borough of Middletown, under the authority of this Article, shall have the following duties:
To maintain on file in the borough offices the names of the landlords owning dwelling units and business units in the aforesaid Borough of Middletown, said list to include the names of the current tenants of said dwelling units and business units.
To notify the Chief of Police and the Fire Chief of the Borough of Middletown of the address and description of any dwelling unit or business unit that is vacant, unoccupied and not in use.
To report to the proper officer of the Commonwealth of Pennsylvania or of the Borough of Middletown when the number of tenants in any dwelling unit or business unit exceeds the number of tenants or inhabitants permitted by any ordinance of the Borough of Middletown or by any law of the Commonwealth of Pennsylvania.
Any landlord who violates any of the provisions of this Article or who furnishes false information to the borough or who uses a false name or address in any report required by this Article shall, upon conviction thereof before the District Justice of the borough, be sentenced to pay a fine of not less than fifty dollars ($50.) and not more than one hundred dollars ($100.) and costs of prosecution and, in default of payment thereof, to suffer imprisonment in the Dauphin County Jail for not more than thirty (30) days. Each unreported tenant shall constitute a separate offense.