[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 7-18-2006 by Ord. No. 2006-8. Amendments noted where
applicable.]
Any individual, partnership, corporation, governmental
authority, company, association, trust, joint venture, unincorporated
association, or other entity which owns improved residential or commercial
real property situate within the Borough of Malvern and who desires
to sell or lease such property shall first obtain a certificate of
occupancy from the Codes Enforcement Officer of Malvern Borough and
provide a copy of such certificate to the buyer at settlement or to
the tenant at the time of commencement of the lease. This chapter
shall apply to the initial occupancy of new construction as well as
to any change in ownership or change in tenant in existing structures.
Prior to issuing a certificate of use and occupancy,
the Borough Codes Enforcement Officer shall inspect the subject property
for compliance with all applicable Borough ordinances and uniform
codes adopted by the Borough, including but not limited to the 2003
International Property Maintenance Code. The form of the certificate
of use and occupancy shall be as set forth in Section 110 of the 2003
International Building Code, or such other code as may be adopted
by the Borough in lieu of the International Building Code. Procedures
for issuance of temporary certificates and revocation of certificates
shall be as set forth in the International Building Code or such other
uniform building code as may be adopted by the Borough from time to
time.
A fee for the issuance of the certificate of
use and occupancy shall be charged pursuant to the fee schedule authorized
by the Borough Council and posted in the Borough Administrative Offices.
A.
An application for issuance of a certificate of use
and occupancy shall be submitted to the Borough Codes Enforcement
Officer at least two weeks prior to the date of settlement or the
commencement of the lease. The application shall include the name
of the seller or landlord and the address of the property as well
as a description of the current and intended uses of the property
or leasehold.
B.
The Borough will issue the certificate of use and
occupancy as soon as practicable but no later than two weeks after
completion of a satisfactory inspection.
A.
Failure of any person, firm, partnership, corporation,
association or governmental unit to comply with the regulations of
this chapter may result in the following penalties:
(1)
Each
violation continuing for a separate day after notice by the Borough
and each violation of any provision of this chapter shall constitute
a separate and distinct violation subject to a separate and additional
fine of $1,000; and
(2)
Any
person or entity who violates or permits the violation of any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Malvern Borough, pay the fine
prescribed by this chapter, plus all court costs, including reasonable
attorney's fees, incurred by Malvern Borough.
Enforcement of this chapter shall be the responsibility
of the Borough Codes Enforcement Officer.
