[HISTORY: Adopted by the Borough Council of the Borough of
Narberth 1-13-1986 by Ord. No.
758 (Ch. 95 of the 1986 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any enterprise, activity, profession or any other undertaking
conducted for profit or ordinarily conducted for profit, including,
but not limited to, dealing in and vending, at wholesale and/or retail,
goods, wares and merchandise and engaging in conducting restaurants
or other places where food, drink or refreshments are sold, financial
businesses, those enterprises engaged in by hotel operators, motel
operators, office and/or residential apartment building operators,
parking lot and garage operators, warehouse operators, lessors of
tangible personal property, physicians and surgeons, osteopaths, podiatrists,
chiropractors, veterinarians, optometrists, pharmacists, lawyers,
dentists, engineers, architects, chemists, certified public accountants,
public accountants, funeral directors, promoters, agents, brokers,
manufacturers' representatives, advertising and public relations agencies,
real estate brokers, insurance brokers and agents, operators of places
of amusement providing either passive or active recreation, vending
machine operators, barbershop operators and beauty shop operators,
cleaning, pressing and dying establishment operators, laundry operators,
shoe repair shop operators, tailors, upholsterers, electrical, plastering,
brick laying, carpentry, heat, ventilating, plumbing and painting
contractors engaged in the class of heavy building or other construction
of any kind or in the alteration, maintenance or repair thereof, repairs
of electrical, electronic and automotive machinery and equipment or
other machinery and equipment and other wares and merchandise.
[Added 11-12-2001 by Ord.
No. 882]
Any area within a building which is used as a store, office,
personal service business, bank, financial institution, restaurant,
theater, hotel, rooming house, boardinghouse, greenhouse, public garage,
automobile service or gasoline station, taproom, hospital, sanatorium,
entertainment facility, warehouse or other business establishment,
whether or not located within the same building with single-family
or multiple-family dwelling units.
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than two of such
number are unrelated to all of the others by blood, marriage or legal
adoption, except where the Narberth Zoning Hearing Board, upon petition,
has as a special exception interpreted the term "family" to apply
to a group of individuals, not exceeding four, not related to each
other by blood, marriage or legal adoption, living and cooking together
as a single housekeeping unit.
An area designed for and occupied exclusively as a residence
by a single family and located within a building containing two or
more such areas, whether or not such area is owned in single and separate
ownership or as a condominium.
A building designed and occupied exclusively as a residence
for one family, whether completely detached from adjacent buildings
or having a party wall or walls in common with an adjacent building
or buildings.
[Amended 11-12-2001 by Ord. No. 882; 4-21-2021 by Ord. No. 1032]
A.Â
The owner
or owners of each property within the Borough of Narberth shall, on
or before the first day of July 1986, report to the Borough in writing
on a Borough property registration form the total number of single-family
dwelling units, multiple-family dwelling units and commercial units
contained in or located upon the property owned by them, and said
owner or owners shall report to the Borough in writing on a Borough
property registration form on or before the first day of January in
each succeeding year any increase or decrease in the number of such
units during the preceding year.
B.Â
Report
required from owners of commercial units. The owner or owners of each
commercial unit within the Borough of Narberth shall, on or before
February 1, 2002, report to the Borough in writing on a Borough property
registration form the name or names of all tenants and/or operators
of businesses and the nature of the business of each such tenant or
operator contained in or located upon the property owned by them as
of said date, and said owner or owners shall report to the Borough
in writing on a Borough property registration form within 30 days
any termination, change or addition of a tenant and/or operator of
a business and/or any change in the nature of the business in a commercial
unit contained in or located upon the property owned by them.
[Amended 11-12-2001 by Ord. No. 882; 4-21-2021 by Ord. No. 1032]
A.Â
Any owner or owners of property within the Borough of Narberth who shall fail to report to the Borough in writing on a Borough property registration form the total number of single-family dwelling units, multiple-family dwelling units and commercial units contained in or located upon the property owned by them in accordance with § 400-2A above shall be billed by the Borough for a minimum of three units in the year 1987 and subsequent years unless an increase or decrease in that number of units is filed in accordance with said § 400-2A.
B.Â
Minimum charge for untimely reporting in regard to tenants, operators of businesses. Any owner or owners of a commercial unit within the Borough of Narberth who shall fail to report to the Borough in writing on a Borough property registration form the name or names of all tenants and/or operators of business and the nature of the business of each such tenant or operator in a commercial unit in or located upon the property owned by them in accordance with § 400-2B, above, shall be subject to the penalties and costs as set forth in § 400-5 of this chapter.
[Amended 11-12-2001 by Ord. No. 882; 4-15-2020 by Ord. No. 1024; 4-21-2021 by Ord. No. 1032]
A.Â
Prior to the sale by the owner or owners of any property located
within the Borough of Narberth on or after the first day of January
1987, such owner or owners or their agent shall make application to
the Borough Secretary for and receive from the Borough Secretary a
certification that the property to be sold has been inspected with
regard to the number of single-family dwellings, multiple-family dwellings
or commercial units therein or thereon and whether such inspection
verified information on file in the Borough office. The charge for
such certification shall be set by resolution of the Borough Council.
B.Â
In the event that said owner or owners have failed to report or have failed to report the correct number of single-family dwellings, multiple-family dwellings and commercial units in or located upon said property, the owner or owners shall be billed for and shall pay all delinquent charges for the collection of garbage, rubbish and other solid waste materials as levied by Chapter 437, Article II, Garbage, Rubbish and Refuse, and any amendments thereto, together with all penalties, costs, interest and lien charges. The Borough Secretary shall not issue a certification as to such property until all such delinquent charges, penalties, costs, interest and lien charges have been paid in full.
C.Â
In the event that any owner or owners of a commercial unit have failed to report the correct name of a tenant and/or operator of business in a commercial unit contained in or located upon the property owned by them and the nature of the business of each such tenant or operator or have failed to timely report any termination, change or addition of a tenant and/or operator of business and/or any change in the nature of said business in a commercial unit owned by them, the said owner or owners shall be subject to all fines, penalties, and costs as set forth in § 400-5 of this chapter. In addition, the Borough Secretary shall not issue a certificate as to such property until all such delinquent fines, penalties, costs, and lien charges have been paid in full.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Montgomery County.
