[HISTORY: Adopted by the Borough Council of the Borough of
Elverson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-2-1995 by Ord.
No. 95-1]
As used in this article, the following words and phrases shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
A lessor, sublessor or agent for the lessor or sublessor
of any rental unit located within the Borough of Elverson.
Any natural individual, corporation, firm, partnership, association,
and any other individual or group acting as a legal unit, including
an executor, administrator, trustee, receiver or other representative
appointed according to law or contract, express or implied, oral or
written.
Any parcel of real estate, condominium or improvement to
real estate, including any building, room or other area dedicated
to use or occupancy separate and distinct from other areas within
the building or on the property, such as, by way of illustration and
not limitation, a separate apartment in a multifamily building; a
rented room in a rooming house, residence or hotel; a separate store
or office in a building or shopping center; or a mobile home in a
mobile home park, leased by a landlord to a tenant.
A person who leases or subleases, either alone or with others,
a rental unit from a landlord.
Each landlord in Elverson Borough shall file an annual report
with the Borough between July 1 and July 15 of each and every year
on a form prescribed and supplied by the Borough, providing the following
information:
A.
A brief description and the address of each dwelling unit located
within Elverson Borough, whether occupied or not occupied, in which
the landlord has an ownership or management interest.
B.
The names, telephone numbers and addresses of any tenant(s) intending
to lease or leasing the aforementioned dwelling unit(s).
C.
A brief description of the lease terms for each lease, indicating
at a minimum when the lease term began or will begin and expires and
the lease period, e.g., month to month, year to year, etc.
The report described above in § 197-2 shall be supplemented by any landlord within 30 days of the arrival of a tenant(s) not previously reported, the departure of a reported tenant(s) or the acquisition of an unreported dwelling unit. This required supplementation shall include the forwarding address of the departing tenant(s), the information described above in § 197-2B and C for each newly arrived tenant and all of the information described in § 197-2 for newly acquired dwelling units.
The receipt by the Borough of the information required to be
filed pursuant to this article shall not be construed as an acknowledgement
or admission by the Borough of the legality of any reported dwelling
unit or the landlord's compliance with any ordinance, law, rule or
regulation. No filing of any such report shall constitute an acknowledgement
or admission by the Borough of the lawfulness of any reported use
or the establishment of a nonconforming use, nor shall such report
constitute a permit by the Borough for the conduct thereof or constitute
an application for an issuance of a building permit or certificate
of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600 plus court costs and reasonable attorneys' fees incurred by the
Borough in the enforcement proceedings. If the penalty is not paid,
the Borough shall initiate a civil action for collection in accordance
with the Pennsylvania Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense, and each section of this
article 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 article in equity in the Court of Common Pleas of
Chester County.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article.
