TOWNSHIP OF FRANKLIN

LUZERNE COUNTY, PENNSYLVANIA

ORDINANCE #2O06-002

AN ORDINANCE OF THE TOWNSHIP OF FRANKLIN, LUZERNE COUNTY, PENNSYLVANIA, REQUIRING THE OWNER OR OWNERS OF APARTMENT

BUILDINGS, MOBILE HOME PARKS, AND ALL OTHER RESIDENTIAL RENTAL PROPERTIES LOCATED WITHIN THE TOWNSHIP OF FRANKLIN TO REPORT

ON THE STATUS OF OCCUPANCY OF ALL PARCELS OR UNITS OF

AVAILABLE RENTAL PROPERTY; PROVIDING FOR REPORTS OF NEW RENTERS IN EACH PARTICULAR PARCEL OR UNIT, AND PROVIDING

REPORTS FOR EACH RENTER VACATING A PARCEL OR UNIT OF RENTAL PROPERTY; AND PROVIDING FOR PENALITIES FOR VIOLATIONS HEREOF.

The Board of Supervisors takes this action pursuant to its statutory authority. This Ordinance is instituted because individuals who lease or rent property are often not added to the Township tax files until a census is taken. This Ordinance will allow the tax office for the Township of Franklin to maintain an accurate and complete tax roll. Moreover, general health and fire safety purposes are furthered by such information.

SECTION I. It is hereby enacted and ordained by the Board of Supervisors, Township of Franklin, Luzerne County, Pennsylvania, that each and every owner (or owners) of any and all apartment buildings, mobile home parks, or of any and all other rental or leased properties situated within the Township of Franklin, is required on or before JUNE 30, 2006, to submit to the Township on forms provided by the Township, the number of parcels or units, including location, then being leased or available for lease, the name or names and mailing addresses and employer’s name of all renters or lessees over the age of eighteen (18) occupying said rental units or parcels.

SECTION Il. The property owner (or owners) is (are) further required to file annually on forms provided by the Township, an annual report beginning on or before January 3 1, 2007, and all subsequent years thereafter, on or before January 31. This annual report shall be required whether or not there is any change in the names or mailing addresses and employers of renters or lessees over the age of eighteen (18) years occupying said rental units or parcels. In addition, said annual report must provide the names, mailing addresses, and employers of any and all new lessees or renters over the age of eighteen

(18).

SECTION III. Any person found in violation of this Ordinance shall he assessed a civil penalty of FIVE HUNDRED AND 00/100 ($500.00) DOLLARS for each and every violation of this Ordinance. If the said civil penalty is not voluntarily paid, the Township shall initiate a civil enforcement proceeding before a district judge, and in addition to the above said penalty, the violator shall also be assessed court costs and reasonable attorney fees. For the purpose of this section, the failure to submit the required report for each

apartment building, Mobile Home Park or other rental or lease property shall be considered as a separate violation.

SECTION IV. If any section, clause, or sentence of this Ordinance is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair the remaining sections, clauses, or sentences of this Ordinance.

ENACTED AND ORDAINED at a regular meeting of the Board of Supervisors of

Franklin Township held the _____________ day of , 2006.

FRANKLIN TOWNSHIP BOARD OF SUPERVISORS