[Ord. 450, 4/3/1974, § 1]
As used in this Part 1, the following terms shall have the meanings indicated:
BUILDING
Any structure, building, dwelling, apartment house, or multiple dwelling.
PERSON
Any person, firm, association, group or corporation, and includes the plural as well as the singular.
[Ord. 450, 4/3/1974, § 2]
Before any person shall occupy, inhabit or use any building or part thereof in the Township of Darby for the first time as owner, or before any person, being the owner, shall lease or let or release or relet any building or part thereof to any other person, such owner or tenant shall secure a certificate of occupancy.
[Ord. 450, 4/3/1974, § 3]
Application for such certificate shall be made on forms provided by the Township of Darby.
[Ord. 450, 4/3/1974, § 4]
The said application shall require the full, correct, and complete name and principal address of the applicant, the owner, and the tenant, if any, and the address and a brief description of the premises for which application is made, and shall require a statement of the purpose or use to which the building or part thereof is to be made, and the number of persons who will use or occupy the same, and such other pertinent information as the said Township may from time to time deem necessary.
[Ord. 450, 4/3/1974, § 5; as amended by Ord. 511, 5/4/1979, § 2; by Ord. 573, 11/26/1990; by Ord. 577, 10/9/1991; by Ord. 601, 3/9/1994; by Ord. 630, 12/9/1998; and by Ord. 630, 7/14/2010]
1. 
The fee for filing such application shall be $100 for residential and $150 for commercial and shall accompany said application. In the event that a reinspection is required, the fee will be $50 for residential and $100 for commercial for each reinspection and shall be paid prior to the reinspection.
2. 
Double Fee. In case any work for which a permit required by this Code is started or proceeded with prior to obtaining said permit, the fee specified in this section of this Code shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.
[Ord. 450, 4/3/1974, § 6]
Upon receipt of a completed application, the Building Inspector or such other person as the Board of Commissioners of the Township of Darby may from time to time designate shall inspect the said building or part thereof and check the Building Code, Zoning Ordinance and such other ordinances or regulations of the state or Township as pertain to fire, health and safety. If the said building and the proposed use or purpose thereof conform to all ordinances of the Township of Darby, a certificate of occupancy shall be issued.
[Ord. 450, 4/3/1974, § 7]
A certificate of occupancy shall be good for 12 months from the date of its issue.
[Ord. 450, 4/3/1974, § 8; as amended by Ord. 572, 10/10/1990]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense
[Ord. 450, 4/3/1974, § 10]
Whenever any person is aggrieved by the decision of the Building Inspector or such other designated person, such person may, within 10 days therefrom, take an appeal to the Zoning Hearing Board of Darby Township. Such appeal shall set forth the decision of the Building Inspector, or such other designated person, and the exception thereof and that such person desires to appear and be heard.
[Ord. 450, 4/3/1974, § 11]
The said Inspector or other designated person shall file a report with the Board of Commissioners monthly of the applications filed and the status thereof.
[Added by Ord. 592, 2/10/1993]
There shall be a reinspection fee of $15 should the Code Enforcement Officer have to return to any unit for a use and occupancy permit.[1]
[1]
Editor's Note: See also § 11-105 of this Part 1, which was amended by Ord. 630, 7/14/2010, to provide for a higher reinspection fee.
[Added by Ord. 592, 2/10/1993; as amended by Ord. 630, 7/14/2010]
There shall be an annual inspection of rental properties to provide for the health, safety and welfare of Township residents and to provide for the annual inspection of all rental properties to ensure compliance with all applicable Township ordinances, i.e., use and occupancy, plumbing, electrical, fire and health. The fee for this inspection shall be as follows:
A. 
Residential: $50 per year.
B. 
Commercial: $100 per year.
[Ord. 698, 12/7/2011]
All owners of rental properties are required to annually obtain a rental license from the Township. All residential, business, commercial, and cell tower rentals will be required to apply for this license.
[Ord. 698, 12/7/2011]
1. 
The fee shall be $150 per unit per year.
2. 
The fee shall be paid by January 31 of each year, or the fee will be doubled.
3. 
In the case of a deed transfer, the fee for the first year will be prorated.
4. 
For rental properties of more than 50 units, 50% will be completed each year.
[Ord. 698, 12/7/2011]
In order to obtain a license, the owner or agent must annually complete an application provided by the Township. All municipal, county and school district taxes and fines must be current on all properties in Delaware County.
[Ord. 698, 12/7/2011]
At the time of submitting the application for a rental license, the owner shall pay the appropriate annual licensing fee and schedule the inspection of the property. The owner or authorized representative of the owner must be present at the time of inspection. If the owner sends a representative, then the Township must be notified, in writing, who will be at the inspection. There will be a fee of $75 for a no-show.
[Ord. 698, 12/7/2011]
1. 
All annual inspections must be completed by July 31 of each year. If violations are found, the Code enforcement Officer shall specify the violating conditions, in writing, to the owner, allowing 10 days for the violations to be corrected and for a reinspection.
2. 
No license shall be granted when there are violations to the Darby Township Zoning Ordinance requiring a variance or special exception.
[Ord. 698, 12/7/2011]
Penalty for violation of this Part 2 is no less than $600 nor more than $1,000 per unit. Each day constitutes a new violation.
[Added by Ord. 723, 12/9/2015]
Any owner who fails to obtain a rental license as required by Chapter 11, Part 2, § 11-201 of the Code of Ordinances of the Township of Darby shall be denied the right to recover possession of the premises or to collect rent during, or for the period of, noncompliance. In any action for eviction or collection of rent, the owner shall attach a copy of the license.