[HISTORY: Adopted by the Borough Council of the Borough of
Sharon Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-28-2014 by Ord. No. 1369]
The purpose hereof is to protect and promote the health, safety
and welfare of the residents of the Borough and particularly the commercial
businesses/properties and to encourage the owners of commercial businesses/properties
to maintain said businesses/properties in a safe and sanitary condition.
As used herein, the following shall have the meanings indicated,
unless a different meaning clearly appears from the context:
Any ordinance, code, law or regulation in effect for the
Borough of Sharon Hill concerning fitness for habitation or the construction,
maintenance, occupancy, use or appearance of any building, dwelling
unit or structure, including but not limited to the in-effect Zoning
Ordinance; International Building, Plumbing, Electrical, Fire Prevention
and Property Maintenance Codes, as promulgated by the International
Code Council; the Uniform Construction Code; Garbage, Refuse and Rubbish
Ordinance and the Nuisance Ordinance.[1]
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Sharon Hill and
any assistants or agents.
Any commercial business/property that meets the definitions
as outlined in the International Building Code as assembly, business,
educational, factory and industrial, high hazard, institutional, mercantile,
residential, storage or utility and miscellaneous.
The duly appointed Fire Marshal of the Borough of Sharon
Hill and any assistants or agents.
It shall be the duty of every owner to keep and maintain
all commercial businesses/properties in compliance with all applicable
state laws and regulations and local ordinances and to keep such property
in good and safe condition. This chapter is not intended, nor shall
its effect be, to limit any other enforcement remedies which may be
available to the Borough of Sharon Hill against an owner, occupant
or guest thereof.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
Any person who has the right of occupancy, either singly
or with others, of a commercial business/property owned by a landlord.
A.
It shall be the duty of every commercial business/property owner
in the Borough of Sharon Hill to annually register his/her commercial
business/property with the Borough of Sharon Hill on a registration
form supplied by the Borough. A reregistration form shall be filed
with the Code Enforcement Office by the annual expiration date of
the registration form each year and shall include the required information
on the said registration form supplied by the Borough.
B.
The aforesaid registration form shall be accompanied by the payment
of an annual registration/inspection fee as set forth in the Borough
of Sharon Hill Fee Schedule, which shall be adopted by resolution
of the Borough Council.
Upon receipt of the aforesaid registration form and fee, the
Code Enforcement Office shall issue a permit for each commercial business/property
registered. It shall be the duty of each commercial business/property
owner to make available the permit upon request.
It shall be the duty of commercial businesses/properties owners
in the Borough of Sharon Hill to file with the Code Enforcement Office
a report of any change in the use or new occupancy of the business
and comply with the registration requirement within 10 days of the
new occupant taking possession.
A.
The Code Enforcement Officer and/or Fire Marshal of the Borough of
Sharon Hill is authorized and directed to make annual inspections
of each commercial business/property in the Borough of Sharon Hill
in order to safeguard the health and safety of the occupants thereof
and in order to determine and enforce compliance with the codes, laws
and regulations applicable to such units and the structures containing
such units. The Code Enforcement Officer and/or Fire Marshal is further
authorized to enter, for the purpose of such inspection, all commercial
businesses/properties, and it is the duty of commercial business/property
owners to provide access to such properties upon request by the Code
Enforcement Office and/or Fire Marshal.
B.
The construction date of the building will be taken into consideration
when determining safety standards.
The Code Enforcement Officer and/or Fire Marshal shall issue
a report of each inspection and shall supply a copy thereof to the
commercial business/property owner. The report, designated as the
"Borough of Sharon Hill Commercial Business/Property Minimal Safety
Checklist," shall reflect the items that will be inspected and shall
note all deficiencies and violations observed during such inspection.
The report shall state the corrective action or repairs required to
be taken by the business owner and the date by which the corrective
action or repairs are required to be completed. The Code Enforcement
Office and/or Fire Marshal is authorized and directed to schedule
follow-up inspection(s) of a commercial business/property to determine
compliance with the inspection report.
The Borough shall charge every commercial business/property
within the Borough of Sharon Hill a registration/inspection fee as
set forth in the Sharon Hill Fee Schedule for each commercial business/property
in order to defray the cost of conducting the registration/inspection.
Any commercial business/property owner or other person who shall
fail to file the registration forms or reports required to be filed
by this chapter or who shall otherwise fail to comply with the requirements
of this chapter, including providing access, as requested by the Code
Enforcement Office and/or Fire Marshal, shall be guilty of a violation
of this chapter and shall, upon conviction thereof, be sentenced to
pay a maximum fine as provided from time to time by state statute,
together with costs of prosecution, or to imprisonment in the county
jail for a term not to exceed 30 days, or both, for each such violation.
Each day that violation of this chapter continues shall constitute
a separate offense.
In addition to the foregoing penalties for violations of this
chapter, commercial business/property owners shall be subject to the
fines and penalties and other remedies provided in other applicable
codes and ordinances if such commercial business/property owner fails
to correct or repair any violation of such code or ordinance cited
during an inspection of a commercial business/property as directed
by the Code Enforcement Office and/or Fire Marshal.
All records, files and documents pertaining to this program
shall be maintained by the Code Enforcement Office and made available
to the public as required by state law.
