[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 5-1-2014 by Ord. No. 562. Amendments noted where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 362.
The aforementioned recitals are incorporated herein. The Borough Council has determined that an official real estate registry is necessary within the Borough as provided by the Pennsylvania Borough Code, as amended, 8 Pa.C.S.A. § 1202(61). Such registry shall also include the necessary information as required to implement Chapter 362, Rental Property, as amended from time to time, to implement any trash or other services dependent on household population and to regulate and track permits within the Borough. Such a comprehensive registration is intended to streamline data collection and avoid inconvenience to Borough residents.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Kenhorst, Berks County, Pennsylvania.
Any building or structure (except temporary housing) which
is wholly or partly used or intended to be used for living or sleeping
by human occupants.
The act of permitting a unit or property to be used to provide
a living arrangement for one or more persons not the owner of record
thereof, whether or not for compensation, when such person owns any
less than a 50% interest in the property.
Any person over one year of age living, sleeping, cooking
or eating in a unit.
Any person who, individually, jointly or severally with others, shall have legal or equitable title to or have any other legal or beneficial interest in any unit, whether or not such person occupies the unit or any part thereof. The definition of "owner" as set forth in this chapter shall incorporate the definition of "owner" in Chapter 362, Rental Property, of the Code of the Borough of Kenhorst.
Includes any individual, firm, corporation, company, association,
partnership, trust, agent or other entity. When referring to occupancy
or maximum dwelling unit occupancy pursuant to this chapter, "person"
shall refer only to an individual.
Any lot, tract or parcel of real property in the Borough
of Kenhorst, including the land and all buildings and appurtenant
structures or appurtenant elements, on which one or more regulated
units are located.
The Borough shall mail to all property owners as noted in public
records, a yearly resident registration form, which shall include
all data and information to be supplied to the Borough for each and
every property owner within the Borough. Such form shall be mailed
in January of each year and shall be due on February 1 and whenever
a property transfer or change in rental status occurs during the year.
For the purpose of the year 2014, the registration form shall be circulated
upon adoption of this chapter and shall be due on the date established
by Council at the time of ordinance adoption.
Data shall be collected by the property owner and certified
by said owner by signature. The owner shall then mail or deliver the
registration form to the Borough by the date established. The data
collected for each property shall include the following:
A.
Address
for each use and/or dwelling unit.
B.
The name
and address of the property owner based upon the recorded deed in
and for Berks County.
C.
Contact
information for the property owner.
D.
The property
owner's state and municipality, if different than Kenhorst Borough.
E.
The number
of dwelling units or commercial units in the property and for each:
(1)
The
names of all residents in the property and/or dwelling unit or separate
use.
(2)
Notation
as to relationship between residents and/or tenants and/or tenants
and owners.
(3)
Age
and gender of each resident in the unit.
(4)
Employment
and/or school information for each inhabitant, if applicable.
(5)
The
status of the resident such as a renter, a lessee, a tenant or other
status if not the owner of the property by deed or instrument of conveyance.
(6)
In
the case of multiple dwelling units, the designated unit of residency
for each person listed in the aforementioned subsection of this section.
F.
Any designation
of race or nationality shall be optional and the registration form
shall be deemed complete regardless of whether any property owner
and/or tenant seeks to complete any provisions with regard to race
or ethnicity.
The Borough shall maintain additional reports and information
for each property as it sees fit, including any statement of zoning
classification, a statement concerning the conformity or nonconformity
of each use, statements concerning permits issued or denied to date
related to any affected unit and the listing of any housing code violations,
liens, penalties or other data that the Borough deems important as
related to real estate.
In the event a property is vacant, the owners shall inform the
Borough on the date when the property is vacated so that records could
be updated. Property owners shall be required to complete all information
within registration forms and confirm vacant status of the property.
The Borough has enacted a substantial blight program and tracking
of vacant properties assists in maintaining the public's safety and
avoiding blight within the Borough. In the event persons move into
a vacant property, all registration forms shall be updated in accordance
with this chapter.
A.
Each year,
or as necessary, the Borough Council shall adopt a form, by resolution,
to be utilized to collect the data required by this chapter. Such
form need not be readopted each year if only the dates for collection
are revised. Such form shall be the official document that shall be
submitted to the Custodian of Records. The submission of data on a
form other than that provided by the Borough shall be deemed invalid
and such information shall not be deemed compliant with the provisions
of this chapter.
B.
The data
and information collected shall be maintained by the Borough and shall
not be provided to third parties unless under the Pennsylvania Right-to-Know
Law[1] or in any court proceedings for which the purpose of this
chapter is affected or involves some type of legal obligation on behalf
of the Borough due to the information provided.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
In keeping with the Borough Code,[1] the Borough Council hereby appoints the Borough Manager
as the custodian of records collected pursuant to this chapter. Such
custodian of records shall cause to be made and carefully preserve
all necessary books, maps and plans as may show the location and ownership
of every lot, piece of real estate and subdivision thereof. For purposes
of establishing or maintaining the registry, the person in charge
of the registry shall have access to public records without charge.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
Nothing in this chapter shall prohibit the Borough from requiring
owners to provide information relevant to the enforcement of any Borough
ordinance in accordance with law.
The failure to supply registration information within the time
provided in this chapter shall be considered a violation of the same.
The providing of false or incorrect information to the Borough shall
also be considered a violation of this chapter. The Borough's decision
to provide any reminders of the requirements of this chapter shall
not be considered a waiver of any requirement under this chapter.
A.
All notices
for any purpose as to requirements and/or compliance with registration
provisions of this chapter shall be to the majority owner as designated
by official instrument at the Recorder of Deeds in and for Berks County.
There shall be a rebuttable presumption that any notice required to
be given to the owner under this chapter shall have been received
by the owner if the notice was given by first class, prepaid mail.
B.
In the
case of notice of enforcement of violations of this chapter, notice
shall be provided by first class mail and registered mail. The failure
to claim or the notation of "unclaimed" or "refused" on any registered
mail shall not negate notice pursuant to this chapter. At all times,
personal service of notices of enforcement shall be considered appropriate
notice if an agent of the Borough attests such service.
C.
The claimed
lack of knowledge by the owner of any violation herein under cited
shall be no defense to a violation of this chapter.
If any property is owned by more than one person, in any form
of joint tenancy, such as a partnership or otherwise, each person
shall be jointly and severally responsible, and/or liable, for the
duties imposed under the terms of this chapter, and shall be severally
subject to prosecution for the violation of this chapter.
