[HISTORY: Adopted by the Borough Council of the Borough of Tullytown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-2005 by Ord. No. 298]
This article is enacted to promote the health, safety and general welfare
of the inhabitants of the Borough of Tullytown by requiring use and occupancy
permits. Use and occupancy permits ensure that properties that are inhabited
meet certain building code requirements.
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
Any individual, partnership, association, firm or corporation.
A person who has the use, either by himself or with others, of a
dwelling unit owned by a person other than himself, for a period exceeding
30 days.
After the effective date of this article, each and every use or occupancy
of any dwelling unit in the Borough of Tullytown shall require the issuance
of a use and occupancy permit.
The Borough of Tullytown will designate a Building Code Officer who
will be responsible for the issuance of use and occupancy permits required
under this article. Prior to any change in the use or occupancy of any dwelling
unit, the owner or tenant shall make application to the Building Code Official
for issuance of the use and occupancy permit. The Building Code Official shall
conduct an inspection and, if the dwelling unit satisfies all of the requirements
by law and by the regulations established by the Borough of Tullytown, a use
and occupancy permit will be issued. No permit will be issued until the owner
or tenant has complied with all of the Borough's requirements.
The Building Code Official shall maintain a supply of forms for owners
or tenants requesting a use and occupancy permit. The Borough of Tullytown
will establish a fee for use and occupancy permits. The Building Code Official
is hereby authorized and directed to collect the fees imposed and remit the
same to the general funds account of the Borough.
Any person who shall violate any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine of not more than $300. Each
day of a continued violation of this article shall constitute a separate offense
and shall be subject to separate penalties.
[Adopted 11-1-2005 by Ord. No. 300]
This article is enacted to ensure that improvements to property for
nonresidential purposes in the Borough of Tullytown comply with all necessary
laws and regulations established by Tullytown Borough.
The following words and phrases, when used in this article, shall have
the meaning ascribed to them in this section, except in those instances where
the context clearly indicates a different meaning.
Any partnership, limited partnership, or any other form of unincorporated
enterprise owned or conducted by two or more persons.
The permit, certificate, document, approval or authorization required
by the Borough of Tullytown for a person to make improvements to real estate
within the boundaries of Tullytown Borough.
Any activity by a person in connection with the building, erection,
assembling, fabrication, placing or affixing an improvement to real estate.
Any activity whereby an improvement to real estate not heretofore
used as a nonresidential unit is changed to a non-residential unit, or whereby
the number of nonresidential units within is increased in number.
A corporation or joint-stock association, organized under the laws
of this commonwealth, the United States, or any other state, territory, or
dependency, including but not limited to banking institutions.
The Council for the Borough of Tullytown.
The sum of the gross horizontal areas of the several floors of all
buildings on the lot, measured from the exterior faces of exterior walls and
from the center line of walls separating two buildings. The term shall include
basements, elevator shafts and stairwells at each story, floor space used
or mechanical equipment (with structural headroom of six feet, six inches
or more), penthouse, attic space (whether or not a floor has actually been
laid, providing structural headroom of six feet, six inches or more) interior
balconies, and mezzanines. It shall not include stair and elevator penthouses
or cellars unless said cellars are utilized for anything other than storage
rooms, utility rooms, mechanical equipment rooms, etc.
Borough of Tullytown.
A group of rooms within a structure separate and independent from
other room groups within the same structure, whether or not one or more facilities
are shared by the occupants of other room groups, which are used for other
than a residential dwelling. Nonresidential unit shall not include hospitals,
churches, and educational institutions.
Every natural person, association, corporation, partnership, condominium
association, or cooperative. Whenever used in any clause prescribing or imposing
a penalty, the term "person" as applied to associations or cooperatives shall
mean the partners or members thereof and, as applied to corporations, the
officers thereof.
Borough of Tullytown.
The Treasurer of the Borough of Tullytown.
A.
Every person who applies for a building permit from Tullytown Borough to construct a nonresidential unit or to convert an improvement to real estate into a nonresidential unit within the Borough of Tullytown shall pay for and respect the privilege of making such application and of the transaction regarding same, a tax at the rate set forth in Subsection D below. The tax provided for by this subsection shall be due and payable at the time of issuance of such permit.
B.
Where a land development application for the construction
of a nonresidential unit or the conversion of an improvement to real estate
into a nonresidential unit was filed with the Department of Licenses and Inspections
before the effective date of this article, then said nonresidential unit shall
not be subject to this tax.
C.
As among the various persons who are involved in the
construction or conversion of improvements to real property subject to the
tax imposed by this article, the obligation to pay the tax shall be upon the
legal owner of the real estate upon which the construction or conversion takes
place.
D.
There is hereby imposed a tax upon the privileges and transactions specified in Subsection A above at the rate of $1 for each square foot of gross floor area for each nonresidential unit to be constructed or to be added by conversion.
E.
No building permit shall be issued for any unit to be
constructed or to be added by conversion until such time as the tax imposed
by this article has been collected.
A.
The Zoning Officer shall be and hereby is appointed the
collecting agent for the collection of tax.
B.
The payment of the tax shall be evidenced by a receipt
setting forth the date and amount of payment, the name of the payee, the location
of the real property for which the tax is paid, the number of units, the building
permit number, the gross floor area for the nonresidential units, and the
signature of the collecting agent. Said tax shall be deposited promptly into
the proper Borough bank accounts.
C.
The collecting agent is authorized and empowered to prescribe,
adopt and promulgate rules, regulation and forms relating to any matter or
thing pertaining to the administration and enforcement of this article and
the collection of the tax, interest and penalties hereby imposed, and may
appoint assistants to collect the tax and administer this article, subject
to the approval of the Council.
All taxes imposed by this article not paid when due shall bear interest
from the due date at the rate of 1 1/2% per month until paid.
A penalty of 10% is hereby imposed upon all taxes which are unpaid more
than 30 days after they are due and payable in accordance with the provisions
of this article. Any penalties imposed pursuant to the terms of this section
shall be a penalty upon the entire unpaid balance, which shall include the
tax plus any accumulated interest to date.
All taxes imposed by this article, together with interest from due date
and the penalty thereon, may be recovered, as other debts of like character
are now by law recoverable.
The tax, interest and penalty imposed by this article shall become a
lien upon the real estate upon which there is a construction or conversion
subject to the tax imposed by this article, the said lien to begin at the
time when the tax is due and payable, and continue until the discharge by
payment, or in accordance with the law; and the Solicitor of the Borough of
Tullytown is authorized to file a tax claim for said tax in accordance with
the provisions of the Municipal Lien Act of 1923, as amended and supplemented.
It shall be unlawful for any person to:
A.
Obtain any building permit or commence or complete the
construction of or conversion of any nonresidential unit without first having
paid the tax imposed by this article;
B.
Obtain a certificate of occupancy without first having
paid the tax imposed by this article; or
C.
Fail, neglect or refuse to comply with or violate the
rules and regulations prescribed, adopted and promulgated under the provisions
of this article.
Whenever the requirements of this article are in conflict with other
requirements of the ordinances of Tullytown Borough, the most restrictive,
or those imposing the higher standards, shall govern.
