[HISTORY: Adopted by the Borough Council
of the Borough of Upland as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 60.
Numbering of buildings — See Ch. 62.
Uniform construction codes — See Ch. 71.
Electrical standards — See Ch. 81.
Fire prevention — See Ch. 85.
Plumbing and mechanical standards — See Ch. 140.
Property maintenance — See Ch. 143.
Zoning — See Ch. 185.
[Adopted 9-14-1999 by Ord. No. 5-1999;
amended in its entirety 8-8-2000 by Ord. No. 4-2000]
No person, firm or corporation managing, conducting
or operating a dwelling unit shall sell, rent, lease, let out or permit
it to be occupied or shall rerent the same without first securing
a certificate of occupancy from the Borough of Upland.
[Added 4-9-2002 by Ord. No. 3-2002]
A.
Pursuant to Senate Bill No. 997, Session of 1999,
an applicant for a certificate of occupancy shall inform the buyer
or transferee of said property of the result of the inspection prior
to the sale or transfer.
B.
The seller and/or the buyer of the property escrows
with the Borough of Upland at the time of settlement an amount of
money which, in the judgment of the Building Code Official, is sufficient
to pay the costs of the required repairs. The form of the escrow agreement
shall give the Borough of Upland the authority to seize the monies
from the escrow account if the owner has not completed the repairs
within 18 months of settlement. The Borough of Upland shall be entitled
to impose a reasonable administrative fee for the preparation of the
escrow agreement and the establishment of the separate escrow account.
[Amended 7-13-2004 by Ord. No. 5-2004]
C.
At the end of the eighteen-month period, the Borough
of Upland shall have the right to reinspect the applicant's property.
If at the time of said reinspection the applicant's property continues
to have one or more substantial violations, as determined by the Building
Code Official for the Borough of Upland, then the applicant shall
forfeit her or his escrow monies and shall be subject to liability
to the Borough of Upland for fines and/or penalties as further set
forth in this Code.
[Amended 7-13-2004 by Ord. No. 5-2004]
D.
If the cost of the repairs deemed necessary by the
Building Code Official for the applicant to remedy any and all substantial
violations is in excess of the amount of money placed in an escrow
by said applicant, that amount shall be paid by the applicant.
[Amended 7-13-2004 by Ord. No. 5-2004]
E.
The costs of each and every inspection/reinspection
by any inspector for the Borough of Upland shall be paid for in advance
prior to each and every inspection/reinspection to the Borough of
Upland.
[Amended 7-13-2004 by Ord. No. 5-2004]
Such permit application shall be due initially
as of January 1, 2000, and shall be scheduled for inspection by the
Building Code Official to receive a certificate. Each certificate
shall be valid for a period of three years. At the expiration of three
years, the property shall be reinspected for a new certificate of
occupancy. If the unit is sold or a unit is vacated and let to a new
tenant prior to the expiration of the three-year period, the property
and/or unit shall be reinspected for a new certificate of occupancy.
As used in this article, the following terms
shall have the meanings indicated:
The Building Code Official of the Borough of Upland or such
other person as the Borough Council may designate.
[Amended 7-13-2004 by Ord. No. 5-2004]
A building or structure which is wholly or partly used or
intended to be used for living, sleeping or occupation by human beings.
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking or eating.
In order for a dwelling or dwelling unit to
be eligible for a certificate of occupancy, it must comply with all
of the requirements of the ordinances of the Borough of Upland and
must comply with the laws of the Commonwealth of Pennsylvania now
in existence and hereafter passed pertaining to building, plumbing,
electrical, health, mechanical, property maintenance, zoning, safety,
fire or fire prevention and any other law or regulation pertaining
to housing standards.
A.
No person, firm, partnership or corporation shall
occupy, rent, lease, let out, permit, sell, convey or otherwise transfer
or permit to be occupied or rented any apartment or dwelling unit,
premises or structure used for a residential, commercial or industrial
purpose, hereafter created, located, erected, changed, leased, altered,
convened or enlarged, wholly or partly, without first securing a certificate
of occupancy therefor from the Borough of Upland.
B.
After the effective date of this article, a certificate
of occupancy shall be required upon the change of occupancy or change
in the use of any apartment, dwelling unit, commercial, business or
industrial unit.
C.
The cost of each and every certificate of occupancy,
which includes inspections due to sale of property and/or new tenant
in unit, shall be $100, and said fee shall be paid at the time the
application is made for the certificate.
[Amended 5-8-2001 by Ord. No. 5-2001; 3-11-2008 by Ord. No.
2-2008]
(1)
A certificate of occupancy will not be issued until
all violations are corrected and reinspection is completed.
(2)
The fee for a reinspection due to failure to pass
inspection will be $25 per inspector.
(3)
The fee structure may be set, from time to time, by
a resolution of the Borough of Upland Council.
D.
Premises to comply with regulations. In order to be
eligible for a certificate of occupancy, said apartment, dwelling,
structure or premises used for residential, commercial or industrial
purposes, apartment house, rented or occupied dwelling or business
must be in good repair, clean, sanitary, in a habitable condition
and in complete compliance with all of the ordinances of the Borough
of Upland, the International Building Code/Uniform Construction Code
and any amendments thereto, published by the International Code Council,
and the laws of the Commonwealth of Pennsylvania now in existence
or hereafter passed pertaining to building, plumbing, electrical,
mechanical, property maintenance, zoning, health and safety, fire
or fire prevention, minimum housing standards and all regulations
established pursuant to said ordinances and laws.
[Amended 7-13-2004 by Ord. No. 5-2004]
E.
On any sale or transfer of property, the seller is
responsible for the repair of public sidewalks, curbs and outside
sanitary sewer vents. When curbing and sidewalks are replaced, handicap
ramps must be installed at the corners according to American National
Standard specifications and the direction of the Borough of Upland.
F.
The cost of each and every rental license, which includes inspections
due to sale of property and/or new tenant in unit, shall be as follows:
[Added 2-12-2019 by Ord.
No. 4-2019]
(1)
For a residential rental license, the fee is $100 per address/residence.
The rental license must be renewed by May 1 of each and every year.
(2)
For a commercial rental license, the fee is $300 per address/residence.
(3)
Failure to appear for a scheduled inspection and failure to cancel
the same at least 24 hours in advance of the scheduled inspection
shall result in a no-show fee payable to the Borough in the sum of
$25 per cancellation.
[Amended 7-13-2004 by Ord. No. 5-2004]
Upon adoption of this article, any person who
is currently or thereafter becomes a landlord of any parcel of real
estate or any improvement on real estate or building located in the
Borough of Upland by agreement of sale, by deed or by other means
shall, within 30 days thereafter, report to the Building Code Official
the following information:
A.
A list of the dwelling units and/or business units
owned by the landlord, located within the Borough of Upland whether
occupied or unoccupied.
B.
The address of each dwelling unit and/or business
unit.
C.
A brief description of each dwelling unit and/or business
unit.
D.
Whether or not said dwelling unit and/or business
unit is inhabited or utilized by tenants.
E.
The name of the tenant or tenants utilizing the aforementioned
dwelling unit and/or business unit occupied.
[Added 3-11-2008 by Ord. No. 3-2008]
A.
A certificate of occupancy for rental properties must
be renewed on an annual basis and whenever a change of occupancy occurs,
upon inspection of a dwelling or dwelling unit and payment of an inspection
fee, which shall now be declared as $100. This said fee shall from
hereon after be levied by resolution of the Council of the Borough
of Upland. The fee for the first inspection shall be allocated to
be $50 for the inspectors in attendance and $50 for the Borough, to
be set forth into the general fund account for general purposes usage.
B.
The inspection shall be made annually, from the start
of each calendar year, and the owner shall be present for the inspection.
Owners must contact the Borough by May 31 of each calendar year to
arrange for an inspection of their property for that current year.
However, if an owner has had a use and occupancy inspection, due to
a change of tenant or the sale of the property within one year of
the May 31 due date, said owner will be exempted from the annual inspection
of the said rental property for that given calendar year.
[Amended 6-13-2011 by Ord. No. 3-2011]
C.
Any type of failure to pass the annual permit/inspection,
due to repairs, Code violations, or the maintenance issues, et cetera,
the landlord shall pay a reinspection fee of $50 for each time the
inspector/inspectors have to reinspect the unit. This fee is to be
distributed, through the Borough, to the inspector/inspectors. If
a landlord has more than two inspections, and the unit still fails
inspection, the landlord shall be required to pay $100 per inspection,
for the inspector/inspectors to return each and every time thereafter.
If after the fourth inspection of any given rental unit, the unit
still does not pass the inspection, the owner shall be cited for whichever
or all Code violation/violations that the inspector/inspectors deem
necessary; that are the main concerns for the failing of the inspection/inspections
to not issuing the annual permit.
D.
Any of the following person or persons, either singly
or in combination, who serve at the pleasure of the Borough Council
may make the inspection: BOCA Code Enforcer, Building Inspector, Electrical
Inspector, Plumbing Inspector, Health Inspector, Fire Marshal or Assistant
Fire Marshal.
E.
Any landlord or owner of a resident rental unit which
violates any of these provisions shall suffer the following penalties:
[Amended 7-13-2004 by Ord. No. 5-2004]
Upon the effective date of this article, each
and every landlord of a property within the Borough of Upland shall
report to the Building Code Official, on a report form supplied by
the Borough of Upland, and changes in the use and occupancy of any
dwelling unit or business unit owned by said landlord. The report
change shall include the name or names of the new tenants of such
dwelling unit or business unit, the date when such change was effected
and the forwarding address of the old tenant or tenants, if known.
In the event that a dwelling unit or business unit which was utilized
by a tenant becomes vacant, this change shall also be reported to
the Building Code Official. All reports required by this section shall
be within 10 days after the landlord has knowledge that such a unit
has had a change in occupancy or has become vacant. Thereafter, said
landlord shall obtain a certificate of occupancy, as provided for
hereinabove, before occupation by a new tenant.
Each application and renewal application shall
state:
A.
Whether the building complies with all of the provisions
of the Upland Borough Building Code, Zoning Ordinance and other applicable
ordinances and, if not, the basis on which noncompliance is justified.
B.
Whether the use contained in the application represents
any change in use from the prior use.
C.
The names of all occupants of the dwelling or dwelling
units in question who have attained the age of 18 years, as well as
the number of occupants in each unit under the age of 18 years.
[Amended 7-13-2004 by Ord. No. 5-2004]
When the Building Code Official determines that
there exists a violation of any provision of this article, the Building
Code Official shall serve written notice of such violation to the
person or persons responsible therefor, as hereinafter provided.
A.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
Be served upon the owner or his agent as the case
may require, provided that such notice shall be deemed to be properly
served upon such person if a copy is sent by registered or certified
mail to his last known address or if he is served by any other method
authorized or required under the laws of this state.
B.
Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
article and with rules and regulations adopted pursuant thereto.
[Amended 7-13-2004 by Ord. No. 5-2004]
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this article or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Borough Council of Upland or a committee appointed by the Borough
Council, provided that such person shall file in the office of the
Building Code Official (Borough Hall) a brief statement of the grounds
therefor within three days after the day the notice was served. Upon
receipt of such petition, the Borough Council, or its appointed committee,
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The petitioner shall be notified of the hearing date
not later than seven days after the day on which the petition was
filed, and the hearing shall commence not later than 30 days from
said notice. After the hearing, the Borough Council or its appointed
committee may sustain, modify or withdraw the notice of the violation
on the basis of the finding of the hearing and shall give the petitioner
written notice thereof. Such proceedings shall be summarized in writing
and shall become a matter of public record in the office of the Building
Code Official. Such record shall also include a copy of every notice
or order issued in connection with this matter. If the appointed committee
hears the petitioner, and makes a decision which the petitioner rejects,
the petitioner shall have the right to appeal to the entire Borough
Council within five days of receiving the notice asking the entire
Borough Council to hear the case and make the ruling. Any person aggrieved
by the decision of the Borough Council may seek relief therefrom in
any court of competent jurisdiction, as provided by the laws this
state.
[Amended 7-13-2004 by Ord. No. 5-2004]
Any notice served pursuant to § 69-9 of this article shall automatically become an order if a written petition is not filed in the office of the Building Code Official (Borough Hall) within three days after such notice is filed.
[Amended 7-13-2004 by Ord. No. 5-2004]
Whenever the Building Code Official finds that
there exists any violation of this article which creates an emergency
requiring immediate correction to protect the health or safety of
any occupant of a dwelling or the public, the Building Code Official
may issue an order reciting the existence of such an emergency and
require that such action be taken as he/she deems necessary to meet
the emergency. Notwithstanding the other provisions of this article,
such order shall be effective immediately, but upon petition to the
Borough Council shall be afforded a hearing as soon as possible. After
such hearing, depending upon the findings of Council as to whether
the provisions of this article and of the rules and regulations adopted
pursuant thereto have been complied with, the Building Code Official
shall continue such order in effect, modify or revoke it.
[Amended 7-13-2004 by Ord. No. 5-2004]
The Building Code Official or his/her agents
are hereby authorized and directed to make inspections of the conditions
of the rental dwellings and dwelling units located in the Borough
of Upland. Upon display of proper identification, the inspector is
authorized to enter, examine and survey such units and premises on
weekdays between 9:00 a.m. and 4:00 p.m., or at such other time as
may be necessary in an emergency, or as mutually agreed upon by the
occupant and the Building Code Official or one of his agents. Every
occupant of a rental dwelling or dwelling unit shall grant to the
owner or his agents or employees free access to it at reasonable times
for the purpose of making repairs or alterations, or exterminating
services, to effect compliance with this article.
Any person who violates any provision of this
article, or any provision of any rule or regulation adopted by the
Borough Council pursuant to authority granted by this article, or
fails to correct in a reasonable time the defects for which the dwelling
or dwellings have been cited, or who permits a dwelling or dwelling
unit to be occupied or continue to be occupied, without a current
valid permit, shall, upon conviction before a District Judge of competent
jurisdiction, pay a penalty of not less than $1,000 nor more than
$10,000 and, in default of payment of such fine be imprisoned for
not less than one day nor more than 30 days, and each day's failure
to comply with any such provision as to each dwelling or dwelling
unit shall constitute a separate violation.
