[HISTORY: Adopted by the Borough Council
of the Borough of Wilson 5-8-2000 by Ord. No. 687, approved 5-8-2000. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any agreement or written instrument which provides that title
to any property shall thereafter be transferred from one owner to
another owner, and shall include inter alia written leases which provide
that the lessee of the property shall acquire title thereto after
the payment of a stipulated number of regular rent payments or after
a stipulated period of time.
Any jurisdictional area or zone as set forth in the Planning
and Zoning Code of the Borough.
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any section prescribing or imposing a penalty, the
term "owner," as applied to copartnerships and associations, shall
mean the partners or members thereof, and as applied to corporations,
the officers thereof.
Any building or structure situated in the Borough.
Include regulations promulgated by the Zoning, Building and
Health Codes of the Borough and by the Pennsylvania Department of
Labor and Industry and all other applicable local, state or federal
laws and regulations.
A.
Prior to entering into an agreement of sale or exchange
of any property, or prior to the transfer of property when no agreement
of sale is utilized, the owner shall obtain from the Code Enforcement
Officer the certificate hereinafter set forth. However, subject to
the following provisions:
(1)
Where such properties are intended to be demolished
and a valid demolition permit, pursuant to the Building Code of the
Borough, has been obtained, the certificate shall not be required.
(2)
When such properties are sold interfamily (husband
and wife, parents and children and spouses of children), the certificate
set forth herein shall not be required.
(3)
When title to such properties pass by virtue of the
laws relating to decedents' estates, the certificate set forth herein
shall not be required.
B.
The certificate shall be valid for a period not to
exceed one year from the date of issue.
A.
Application fee; certificate contents.
(1)
Upon
application of the owner and payment to the Borough of a fee, as follows,
the Code Enforcement Officer or his designee shall review the pertinent
Borough records and inspect the premises in question:
(2)
Upon
completion of the review and inspection, the Code Enforcement Officer
shall execute and deliver a certificate to the owner which shall contain
the following information:
(a)
The
street address or other appropriate description of subject property.
(b)
A
statement of the district classifications applicable to the property
in question, together with an extract of the applicable ordinance(s)
showing the uses permitted within that district.
(c)
A
statement of the variances and use permits, if any, granted to that
property, together with the conditions and restrictions of such permits.
(d)
A
statement as to whether any construction, electrical, plumbing or
building permits have been issued for work not yet completed on those
premises.
(e)
A
statement as to whether there appears to be any nonconformity or illegality
in the structures on the property or the uses being made thereof.
A statement shall also indicate whether the property has been approved
or designated as a nonconforming use.
(f)
A
statement of all violations of the housing, building, plumbing, electrical,
safety or fire ordinances and regulations.
B.
The seller shall attach to the certificate to be delivered
by the Code Enforcement Officer cited above, a statement as to whether
there are outstanding against the property any liens or assessments
for public improvements or municipal services.
C.
In the event
that the Code Enforcement Officer or his designee shall be required
to make more than two inspections relative to the application, there
shall be a fee payable to the Borough of $75 for each additional inspection
that is required.
[Amended 6-8-2009 by Ord. No. 748; approved 6-8-2009]
A.
Every owner shall insert in every agreement for the
sale of property a provision:
(1)
Showing the district classification of such property,
and stating whether the present use of the property is in compliance
with or in violation of district laws and ordinances;
(2)
Disclosing whether there exists any notice of an uncorrected
violation of the housing, building, plumbing, electrical, safety or
fire ordinances or regulations;
(3)
Disclosing any outstanding liens against the property
or assessments for public improvements.
B.
If any owner fails to include any provision required
by this chapter in an agreement for the sale of property, then in
any action, at law or in equity, instituted by a purchaser against
an owner, it shall be conclusively presumed that the owner at the
time of the signing of such agreement represented and warranted to
the purchaser that such property was being used in compliance with
the then existing district laws and ordinances, and that there was
no uncorrected violation of the housing, building, plumbing, electrical,
safety or fire ordinances and regulations.
Notwithstanding any other law or ordinance,
the provisions of this chapter may not be waived or disclaimed by
any oral or written agreement executed by any owner or purchaser.
A.
No owner shall sell any real property, located within
the Borough, or any interest therein, unless the owner first delivers
to the purchaser at or prior to the execution of any agreement of
sale, or prior to the transfer of title should an agreement of sale
not be utilized, the certificate described herein.
B.
The purchaser or transferee shall execute a receipt
for the certificate, as furnished by the Borough, and such receipt
shall be delivered by the owner to the Code Enforcement Officer within
seven business days, as evidence of compliance with the provision
of this chapter.
The buyer notification certificate shall be
compiled from the records of the Borough and from an inspection of
the property. The issuance of the certificate is not a representation
by the Borough that the subject property or its present use is or
is not in compliance with the law. Neither the enactment of this chapter
nor the preparation and delivery of any certificate required hereunder
shall impose any liability upon the Borough for any error or omissions
contained in such certificate nor shall the Borough bear any liability
not otherwise imposed by law.
A.
Appeals from the findings set forth in the certificate
must be filed in writing with the Borough Planning Commission within
seven business days after issuance of the certificate, who will refer
the appeal to the board or boards as follows:
(1)
The Borough Planning Commission where conditions reported
constitute violations of applicable codes of the Borough or deal with
the suitability of the dwelling or structure for continued occupancy.
(2)
The Board of Health where the conditions reported
constitute a violation of the applicable codes of the Borough, or
any matters relating to the structure or construction of buildings
or structures of the Borough.
(3)
The Zoning Hearing Board where the findings set forth
in the certificate relate to matters concerning the classification
and the use of property under the Planning and Zoning Codes.
Any owner who violates the provisions of this
chapter shall be guilty of a summary offense and, upon conviction,
shall be fined up to $300 or be imprisoned for not more than 30 days,
or both.
This chapter shall take effect on July 1, 2000.
