[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen 4-5-1988 by Ord. No.
104; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments
noted where applicable.]
The words and terms used herein shall have the meanings given
to them in the BOCA Basic Building Code, 10th Edition, 1987, or any
other standard or building code in effect at the time the structure,
building or dwelling unit was constructed, unless otherwise defined
herein or the context plainly requires another meaning.
No structure, building or any part thereof, nor any dwelling
unit, shall be occupied or used until a certificate of occupancy has
been issued by the Perkiomen Township Code Enforcement Officer. No
change of ownership shall be made unless and until a certificate of
occupancy has been issued by the Perkiomen Township Code Enforcement
Officer. The Code Enforcement Officer shall, after application for
such certificate by the owner or authorized agent of the owner of
the premises to be occupied has been made on forms provided for such
purpose by the Township, inspect the structure, building or dwelling
unit pursuant to the standards and/or building code in effect at the
time the structure, building or dwelling unit was constructed. The
certificate of occupancy shall be good for 60 days from the date of
issuance. In order not to delay or impede a pending change of ownership,
the Code Enforcement Officer may issue a temporary certificate of
occupancy if the existing code and/or ordinance violations are not
an immediate and imminent threat to the health or safety of the owners,
the tenants or the occupants of the property in question. In the event
that a temporary certificate is issued, the former owner (seller)
and the new owner (buyer) shall agree, in writing, to be jointly and
severally liable and responsible for correcting all code and/or ordinance
violations set forth by the Code Enforcement Officer within such time
as shall be established by the Code Enforcement Officer. Buyer and
seller shall also agree to escrow, at or before settlement, an amount
of money as determined by the Code Enforcement Officer as financial
security for the corrections.
The certificate of occupancy shall state the use for which the structure, building or dwelling unit is to be used. No change in the use or ownership of any structure, building or dwelling unit shall be made until a certificate of occupancy has been issued in accordance with § 123-2 hereof. It shall be the duty of any person who shall sell or otherwise transfer ownership of any structure, building or dwelling unit to another person to apply for and obtain the certificate of occupancy required by this chapter prior to such transfer of ownership and any use or occupancy of such premises; provided, however, that the failure on the part of such seller or transferor to obtain such certificate shall not excuse the purchaser or transferee of such premises from the requirements of this chapter.
A certificate of occupancy may be issued by the Code Enforcement
Officer after an inspection of the premises discloses that the premises
are in compliance with the applicable codes of Perkiomen Township
and all applicable ordinances. Any certificate of occupancy issued
hereunder may be revoked in the event that the structure, building
or dwelling unit is determined to be unsafe or uninhabitable, or that
a condition exists that is in violation of any ordinances of the Township,
or that the actual use is in violation of the Township. In the event
that the certificate of occupancy is issued subject to conditions,
such certificate may be revoked if such conditions remain unsatisfied
within the time limit provided for at the time of issuance of such
conditional certificate.
If an inspection by the Code Enforcement Officer reveals noncompliance
with the applicable codes of Perkiomen Township or with any of the
applicable ordinances, said Officer shall issue a noncompliance notice
setting forth the items of noncompliance and stating that the premises
shall be brought into compliance within 30 days, or a reasonable time
thereafter. When a subsequent inspection establishes compliance, a
certificate of occupancy shall be issued. If there is continual noncompliance
after the time limit established, said Officer may refuse to issue
a certificate of occupancy.
A certificate of occupancy indicates that, so far as can be
reasonably determined by a visual inspection of the premises and a
review of Township records and ordinances, the premises meets the
requirements of the Code of Perkiomen Township and all applicable
ordinances. Neither the Township nor the Code Enforcement Officer
assumes any liability for the inspection or the issuance of a certificate
of occupancy. Further, the issuance of a certificate of occupancy
does not guarantee or warrant the condition of the premises inspected.
The applicant for a certificate of occupancy shall pay, at the
time of application, a fee to the Township in an amount established
by the Board of Supervisors by a fee schedule adopted by resolution
from time to time. Such fee shall be nonrefundable in the event the
Code Enforcement Officer shall refuse to issue a certificate of occupancy
after inspection.
Subsection 119.16 of the BOCA Basic Building Code and any Township
ordinance, resolution, code or standard inconsistent with this chapter
is hereby repealed.
A.Â
Any person, corporation or association who or which shall occupy
or use any structure, building or dwelling unit without obtaining
a certificate of occupancy shall be in violation of this chapter and
shall, upon conviction thereof in a summary proceeding, be guilty
of a summary offense and subject to payment of a fine of not more
than $1,000 and the costs of prosecution, including reasonable attorney's
fees of the Township, and, in default, to imprisonment in Montgomery
County Correctional Facility not longer than 90 days.
B.Â
Each and every day that occupancy or use of any structure, building
or dwelling unit continues without the certificate required by this
chapter shall constitute a separate offense and be punishable as such.