[HISTORY: Adopted by the Borough Council
of the Borough of Mount Oliver as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-17-1996 by Ord. No. 811]
From and after the effective date of this article,
it shall be unlawful for any owner of any real property situate in
the Borough of Mount Oliver to sell or otherwise convey such real
property without first having complied with the provisions of the
Borough Lien Clearance Information Sheet, a copy of which is attached
hereto and made a part of this article.[1]
[1]
Editor's Note: The Real Estate Conveyance
Lien Letter Information Sheet is on file in the Borough offices.
Each owner of real property situate in the Borough of Mount Oliver who fails to comply with the provisions of § 178-1 of this article shall, upon conviction in a summary proceeding, be liable for a fine not to exceed $1,000.
[Adopted 2-18-2019 by Ord. No. 979]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Mount Oliver.
The date on which title and right to possess the property
is transferred pursuant to a sale or transfer, or, in cases where
the property is sold pursuant to the Municipal Claims and Tax Liens
Law, 53 P.S. § 7101 et seq., the first day following the
right of redemption period authorized under the Municipal Claims and
Tax Liens Law.
Any natural person, association, partnership, corporation,
syndicate, institution, agency, authority, or other entity recognized
by law as the subject of rights and duties.
The sale, transfer or assignment of any interest in improved,
residential real property, except for transactions solely between
spouses and the refinancing of real property without a conveyance.
A violation of any building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance of
the Borough that makes a building, structure or any part thereof unfit
for human habitation and is discovered during the course of a Borough
inspection of a property and disclosed to the record owner or prospective
purchaser of the property through issuance of a municipal report or
other documentation used by the Borough to notify the record owner
or prospective purchaser of ordinance violations.
A permit issued by the Borough as a result of the Borough
inspection of a property incident to the resale of the property that
identifies at least one substantial violation, and the purpose of
the permit is to authorize the purchaser to access the property for
the purpose of correcting substantial violations pursuant to this
article.
A permit issued by the Borough as the result of a Borough
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the permit is to authorize the purchaser to fully utilize or reside
in the property while correcting violations pursuant to this article.
A condition which renders a building, structure, or any part
thereof dangerous or injurious to the health, safety or physical welfare
of an occupant or the occupants of neighboring dwellings. The condition
may include substantial violations of a property that show evidence
of: a significant increase to the hazards of fire or accident; inadequate
sanitary facilities; vermin infestation; or a condition of disrepair,
dilapidation or structural defects such that the cost of rehabilitation
and repair would exceed 1/2 of the agreed-upon purchase price of the
property.
A permit issued by the Borough stipulating that the property
meets all ordinances and codes of the Borough and may be used or occupied
as intended.
A violation of a building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance of
the Borough that does not rise to the level of a substantial violation
and is discovered during the course of a Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through the issuance of a municipal report or other documentation
used by the Borough to notify the record owner or prospective purchaser
of ordinance violations.
At least 15 days prior to the date of transfer of any improved,
residential real property located within the Borough, the seller or
transferor or its agent shall submit to the Borough Code Enforcement
Officer an application for a use and occupancy permit, on such form
to be provided by the Borough. The fee for filing the completed application
for a use and occupancy permit shall be established by the Council
of the Borough of Mount Oliver from time to time by resolution.
A.
Upon application for a use and occupancy permit, as required in § 178-4 above, the property shall be inspected by the Borough Code Enforcement Officer or Building Inspector for compliance with the Borough's Building Code, Fire Prevention Code and Property Maintenance Code. The Borough Code Enforcement Officer or Building Inspector shall provide written notice to the seller or transferor or its agent, or the property owner if the sale or transfer has occurred, of any violations or substantial violations.
B.
An inspection shall not be required if, within three months of the
date of application for a use and occupancy permit, the Borough Code
Enforcement Officer or Building Inspector had inspected the property
for compliance with the Borough's Building Code, Fire Prevention
Code and Property Maintenance Code and found no violations or substantial
violations.
A.
If the inspection required pursuant to § 178-5 above reveals no violations or substantial violations, the Borough Code Enforcement Officer or Building Inspector shall issue a use and occupancy permit for the property.
B.
If the inspection required pursuant to § 178-5 above reveals at least one violation, but no substantial violations, the Borough Code Enforcement Officer or Building Inspector shall issue a temporary use and occupancy permit for the property.
C.
If the inspection required pursuant to § 178-5 above reveals at least one substantial violation, the Borough Code Enforcement Officer or Building Inspector shall issue a temporary access certificate for the property.
D.
No person may occupy a property during the term of a temporary access
permit, but the owner of the property shall be permitted to store
personalty that is related to the proposed use or occupancy of the
property or is needed to repair the substantial violations during
the time of the temporary access permit.
E.
A temporary use and occupancy permit and temporary access certificate shall expire 12 months from the date of the issuance of such permit, or 12 months from the date of transfer of the property, whichever period is longer, unless the Borough has extended the time period for such permit pursuant to § 178-7B below.
A.
Within 12 months of the date of the issuance of a temporary use and
occupancy permit or temporary access certificate, or within 12 months
of the date of transfer, whichever period is longer, the owner of
the property shall either:
(1)
Correct all violations or substantial violations identified by the
Borough Code Enforcement Officer or Building Inspector, so that the
property is in compliance with the Borough's Building Code, Fire
Prevention Code and Property Maintenance Code.
(2)
Demolish the building or structure on the property, in accordance
with applicable law.
B.
At the request of the owner of the property, the Borough may, at
its sole discretion, extend the time period for maintenance and repair
of the building or structure located on the property and for which
a temporary use and occupancy permit or temporary access certificate
has been issued.
C.
At the expiration of the time period set forth in Subsection A or B above, or earlier if requested by the property owner, the Borough Code Enforcement Officer or Building Inspector shall reinspect the property for the purpose of determining whether the violations or substantial violations identified by the Borough Code Enforcement Officer or Building Inspector have been corrected.
(1)
If a temporary access permit has been issued and the reinspection
indicates that the cited substantial violations have been corrected,
but other cited violations have not yet been corrected, the Borough
shall issue a temporary use and occupancy permit to be valid for the
time remaining on the original temporary access permit, if any.
(2)
If the reinspection indicates that all cited substantial violations
and/or violations have been corrected, the Borough shall issue a use
and occupancy permit for the property.
A.
If the property owner fails to comply with § 178-7A above, the Borough may revoke the temporary use and occupancy permit or temporary access permit.
B.
A property owner who violates § 178-7A shall be personally liable for the costs of maintenance, repairs or demolition incurred by the Borough sufficient to correct the cited substantial violations and/or violations, and the Borough may file an action in assumpsit to recover such costs.
C.
A property owner who violates § 178-7A shall, upon conviction in a summary proceeding, shall be fined no less than $1,000 and not more than $10,000.
D.
Any person who fails to submit an application for a use and occupancy permit as required in § 178-4 above, or occupies a property subject to this article without a use and occupancy permit shall, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation continues shall be considered a separate violation.
E.
Nothing contained herein shall be deemed to preclude the Borough
from seeking other relief or from availing itself of any remedy that
may be at law or in equity to prevent continuing violations of this
article.
A.
Any person aggrieved by the denial, issuance or revocation of a use
and occupancy permit, temporary use and occupancy permit or temporary
access permit may appeal by submitting a request for a Local Agency
Law[1] hearing to the Borough Secretary within 30 days after
the date of the decision appealed from. Such application shall state
the grounds for the appeal and shall be accompanied by a nonrefundable
appeal fee of $50, the amount of such fee to be subject to adjustment
by resolution of the Mount Oliver Borough Council.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
B.
The appellant shall be responsible for the cost of the stenographic
appearance fee and any cost of advertising the hearing. The Borough
Council may act as the Local Agency Law appeal hearing body or may
appoint a tribunal or hearing officer to hear the appeal and either
to decide the appeal or make a recommending ruling to the Borough
Council.
