[Ord. No. 5-2003, § 1, 9/23/2003]
This article is added to the Code of Ordinances of the Township
of South Hanover for the purpose of insuring the uniform and equitable
distribution of the tax levies of the Township of South Hanover upon
the residents of the Township.
[Ord. No. 5-2003, § 1, 9/23/2003]
The following words when used in this article shall have the
meaning ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
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
therefore, but not excluding those who are lessees for a period of
less than 30 days.
Any person who grants a lease or otherwise permits the use
of his real estate or portion thereof for consideration, monetary
or otherwise, excluding hotels and motels except to the extent that
they have permanent residents.
Any natural person, partnership, association, firm or corporation.
Township of South Hanover, Dauphin County, Pennsylvania.
[Ord. No. 5-2003, § 1, 9/23/2003]
All lessors within 30 days after the effective date of this
article or, in the 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 Township 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 parcels or units, and the names of its lessees at the
time of such report, together with a designation as to which unit
or parcel is occupied by each.
[Ord. No. 5-2003, § 1, 9/23/2003]
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 § 11-103 shall be reported by lessor to the Township within 10 days after such change. It is intended hereby that lessors shall report a new lessee or a lessee who rents or leases a different unit or parcel of lessor's real estate and when a unit or parcel of their real estate becomes vacant.
[Ord. No. 5-2003, § 1, 9/23/2003]
The South Hanover Township Secretary shall prepare a form report entitled "Status of Occupancy Report," which form report shall require that information set forth in §§ 11-102 and 11-103 of this article and such other pertinent information necessary for the updating of tax records that the Board of Supervisors, by resolution, may direct be incorporated into the said report form. All information gathered pursuant to this article shall be used only for the collection of taxes and for no other purpose.
[Ord. No. 5-2003, § 1, 9/23/2003]
1.
Enforcement notice.
A.
If it appears to the Township that a violation of this article has
occurred, the Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this article.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this article shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $600 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the district justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues or each section of this article which shall be found to
have been violated shall constitute a separate violation.
B.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
C.
District justices shall have initial jurisdiction over proceedings
brought under this section.
