Borough of Duncannon, PA Chapter 166 RENTAL PROPERTY

[HISTORY: Adopted by the Borough Council of the Borough of Duncannon as indicated in article histories. Amendments noted where applicable.]

Article I Occupancy Reports

[Adopted 6-17-1980 by Ord. No. 215 (Ch. XIV, Part 3, of the 1970 Code)]

§ 166-1 Definitions.

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:

LESSEE

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.

LESSOR

Any person who grants a lease or otherwise permits the use of his real estate or portion thereof for a consideration, monetary or otherwise.

PERSON

Any natural person, partnership, association, firm or corporation.

VACANT

Not occupied.

§ 166-2 Reports of occupancy.

All lessors, within 30 days of 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 Borough Secretary, in writing, addressed to her at the Borough office, the number of 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 parcel or units, and the names of its lessees at the time of such report, together with a designation to which unit or parcel is occupied by each.

§ 166-3 Reports of changes in occupancy.

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 § 166-2 hereof shall be reported by the lessor to the Borough Secretary within 10 days after such change. It is intended hereby that lessors shall report:

A. A new lessee;

B. An existing lessee who rents or leases a different unit or parcel of the lessor's real estate;

C. A unit or parcel of real estate that becomes vacant.

§ 166-4 Status of occupancy form.

The Borough Secretary shall prepare a report form entitled "Status of Occupancy Report," which report form shall include that information set forth above and such other pertinent information that the Council by resolution may direct be incorporated in said report form. The failure to have such report forms available, however, shall not excuse the obligation of lessors to provide the information required herein.

§ 166-5 Violations and penalties.

[Amended 3-17-1992 by Ord. No. 277

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

]

Any lessor who violates or permits a violation 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 being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $25 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.