[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 10-10-2017 by Ord. No. 1343, approved 10-10-2017 by Ord. No. 1343.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 60.
Development — See Ch. 70.
Electrical standards — See Ch. 75.
Fire prevention — See Ch. 80.
Health and sanitation — See Ch. 93.
Plumbing — See Ch. 125.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 65, Certificate of Occupancy, adopted
12-11-1984 as Ord. No. 1047, approved 12-1-1984, as amended.
A.
Certificate required. Commencing upon the effective date of this
chapter, no person, firm or corporation, unless otherwise excepted
by Pennsylvania law, shall occupy any lot or portion of any lot, dwelling,
dwelling unit, building, building unit, office or business or storage
unit in the Borough of Prospect Park, and no person, firm or corporation
owning any dwelling, dwelling unit, lot, building, building unit,
office or storage unit shall lease, rent or allow such dwelling, dwelling
unit, lot or any portion of such lot, building, building unit, office,
business or storage unit to be occupied by another without each first
making application to and obtaining from the Borough Council or its
designated agent a certificate of occupancy for such dwelling, dwelling
unit, lot or portion of lot, building, building unit, office, business
or storage unit. The application, which may be in the form of a single
application signed by both the owner and proposed occupier, if the
owner and proposed occupier are different persons, firms or corporations,
shall set forth the names of the owner, the tenant or other proposed
occupier, the address of the lot or building which it is proposed
to occupy, a description of the premises or portion of the premises
to be occupied and such other information as the Borough of Prospect
Park may from time to time require. The application shall constitute
an agreement between the occupier-applicant and the Borough of Prospect
Park for the faithful compliance by such applicant with all ordinances
of the Borough of Prospect Park and all rules and regulations of the
Borough of Prospect Park now in effect or hereafter adopted relating
to the equipment, physical condition, maintenance, use and occupancy
of the business dwelling, dwelling unit, lot and all buildings and
building and storage units, and warranties and representations by
the owner-applicant if the owner-applicant is not to be the occupier
and the proposed occupier is being permitted and has agreed to occupy
and use the premises only for the purpose set forth in the application.
B.
Fees.
(1)
A fee for the certificate of occupancy shall be paid by each applicant
upon or before the issuance of the following: certificates for single-family
dwellings, apartment dwelling units, all other lots, buildings, building
units, offices, business or storage units, commercial or industrial,
and follow-up inspections.
(2)
Fees for certificates of occupancy shall be fixed by resolution of
the Borough Council and may be amended from time to time.
C.
Specific certificate requirements.
(1)
No person, firm or corporation owning, managing, conducting or operating
a dwelling unit shall rent, lease, let out or permit the same to be
occupied without first securing the following:
(a)
An annual certificate of occupancy for each occupied dwelling
unit issued pursuant to the provisions of this chapter and other applicable
ordinances and rules and regulations enacted by the Borough Council.
(b)
In addition to the foregoing, a certificate of occupancy for
every vacant dwelling unit issued pursuant to the provisions of this
chapter and other applicable ordinances and rules and regulations
enacted by the Borough Council prior to its occupancy.
(c)
A certificate of occupancy shall be required whenever there
is a change in ownership in a property, subject to the following:
[1]
If the municipal inspection reveals no violations a certificate
of occupancy shall be issued by the municipality;
[2]
If the municipal inspection reveals at least one violation,
but no substantial violations, the municipality shall issue a temporary
use and occupancy certificate;
[3]
If the municipal inspection reveals at least one substantial
violation, such substantial violations shall be noted on an inspection
report and the municipality shall issue a temporary access certificate.
[4]
As a condition of the issuance of either a temporary occupancy
certificate or a temporary access certificate, the municipality shall
require the purchaser of the property, transferee and new occupier
of the property to execute an acknowledgement, on such form as shall
be prepared by the municipality, in which it is acknowledged that
the property is accepted with violations or substantial violations;
states the duty of the purchaser, transferee and new occupier to correct
those violations; and, states the penalties for noncompliance with
such duties.
[5]
If the municipal inspection reveals any violation or substantial
violation of any municipal ordinance resulting in the issuance of
either a temporary certificate of occupancy or a temporary access
certificate, then within 12 months of the date of transfer the new
owner and/or occupier of the property shall, at his option, either:
bring the property into compliance with all municipal codes and ordinances;
or demolish the building or structure in accordance with law. When
the holder of the temporary certificate of occupancy or temporary
access certificate has corrected the violations, he shall contact
the Borough's Code Official or Code Officer to request a reinspection.
The temporary certificate of occupancy and temporary access certificate
shall expire and be revoked on the day after the twelve-month anniversary
of the transfer of the property.
[6]
Failure to comply with the requirements of Subsection C(1)(c)[5] above shall constitute a violation of this chapter.
(d)
Should any transfer of property be subject to the applicability
exception to the requirement to obtain a certificate of occupancy
pursuant to the Act, 68 P.S. § 1082.2, the transferor or
transferee must submit written notice of same to the Code Official
or Code Officer at least 10 days prior to the date of transfer, together
with all documents which evidence such applicability exception. Should
neither the transferor nor transferee provide such notice and/or documentation
as herein required, it shall be presumed that said transfer requires
a certificate of occupancy. Failure to provide such written notice
and documentary evidence as herein required shall constitute a violation
of this chapter.
(2)
The Code Official and Code Officer, and/or their agent or agents,
are hereby authorized and directed to process all applications for
certificates of occupancy and, prior to the issuance of the same,
to determine that all the requirements of this chapter and/or any
other applicable ordinances and rules and regulations enacted by the
Borough Council have been met. The Code Official or Code Officer may
request information regarding the property from the owner, occupier,
proposed occupier or agents for same in order to assist in making
the determination.
(3)
The fee for inspection shall be filed with the application for a
certificate of occupancy.
D.
Annual report required. The owner and the operator of any dwelling
unit which has been rented, leased or let out or re-rented during
any calendar year shall, on or before February 15 of the following
year, file a list with the Borough of Prospect Park setting forth
the number of units occupied as of December 31 of the reporting year
and the names of the tenants thereof.
E.
Inspection and access to dwellings. The Code Official, Code Officer
or their agents are hereby authorized and directed to make inspections
of the conditions of rental dwellings, multiple-dwelling units, rooming
units and other structures located in the Borough of Prospect Park.
Upon display of proper identification, the inspector is authorized
to enter, examine and survey such units and premises on weekdays between
9:00 a.m. and 4:00 p.m. or at such other time as may be necessary
in an emergency or as mutually agreed upon by the occupant and the
Code Official or Code Officer or one of his agents.
F.
Access for repairs. Every occupant of a rental dwelling unit or rooming
unit shall grant to the owner or his agents or employees free access
to it at reasonable times for the purpose of making repairs or alterations
to effect compliance with this chapter.
G.
Notice of violation.
(1)
When the Code Official or Code Officer determines that there exists
a violation of any provisions of this chapter, he shall serve written
notice of such violation on the person or persons responsible therefor,
as hereinafter provided:
(2)
Such notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent or upon the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such person if a copy thereof is sent,
by registered or certified mail, to his last known address, or if
he is served by any other method authorized or required under the
laws of this state.
(3)
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
H.
Appeals from notice of violation. Any person affected by any notice
which has been issued in connection with the enforcement of any provisions
of this chapter or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Borough of Prospect Park or a committee appointed by the Borough Council,
provided that such person shall file in the office of the Code Official
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within seven days after the day
the notice was served. Upon receipt of such petition, the Borough
Council or its appointed committee shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced no later than seven days after the
day on which the petition was filed. After the hearing the Borough
Council or its appointed committee may sustain, modify or withdraw
the notice of the violation on the basis of the findings at the hearing
and shall give the petitioner written notice thereof. Such proceedings
shall be summarized in writing and shall become a matter of public
record in the office of the Code Official. Such record shall also
include a copy of every notice or order issued in connection with
the matter. If the appointed committee hears the petitioner and makes
a decision which the petitioner rejects, the petitioner shall have
the right to appeal to the entire Borough Council within seven days
of receiving notice, asking the entire Borough Council to hear the
case and make the ruling. Any person aggrieved by the decision of
the Borough Council may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
I.
Effective date of notice of violation. Any notice served pursuant to Subsection E shall automatically become an order if a written petition is not filed in the office of the Code Official within seven days after such notice is filed.
J.
Emergency action. Whenever the Borough of Prospect Park finds that
there exists any violation of this chapter which creates an emergency
requiring immediate correction to protect the health or safety of
any occupant of a rental dwelling or the public, he may issue an order
reciting the existence of such an emergency and requiring that such
action be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Borough Council shall
be afforded a hearing as soon as possible. After such hearing, depending
upon the findings of the Council as to whether the provisions of this
chapter and of the rules and regulations adopted pursuant thereto
have been complied with, the Code Official shall continue such order
in effect or modify it or revoke it.
K.
Property unfit for human habitation. Whenever the Code Official, Code Officer or Health Officer finds that a property constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested, rodent-infested or lacking in basic facilities and equipment required by this chapter, he shall designate such property as unfit for human habitation. Such designation shall be posted on the property and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of Subsection E. Any property so designated shall be vacated within a reasonable time as specified by the Code Official, Code Officer and/or Health Officer and shall not again be used for human habitation or occupancy until the hazard or violation has been eliminated or corrected and the official has removed the designation and given written approval for occupancy. A report of any such closing must immediately be filed with the Borough Council.
In order to be eligible for a certificate of occupancy, any
lot, dwelling, dwelling unit, building, building unit, office, business
or storage unit must comply with all ordinances of the Borough of
Prospect Park and of the laws of the Commonwealth of Pennsylvania,
now in existence or hereafter passed, pertaining to building, plumbing,
electrical standards, zoning, health and safety, fire or fire prevention,
minimum housing standards and all departmental regulations established
pursuant to the ordinances and laws of the Borough of Prospect Park
and the laws of the Commonwealth of Pennsylvania.
The applicant shall promptly inform the Borough Secretary in writing of any change made to a property which alters the information provided in the application for a certificate of occupancy. Occupancy or use of any dwelling, dwelling unit, building, building unit, office, business or storage unit without first securing a certificate of occupancy, temporary occupancy certificate or temporary access certificate shall constitute a breach and a violation of this chapter, and violators shall be subject to penalties as defined in § 65-7.
The provisions of this chapter shall apply to all occupiers
and owners of lots, businesses, buildings, offices, storage units
or building and dwelling units, as set forth above, irrespective of
when such lot or building unit shall first have been occupied. It
is the specific intent of this provision to give this chapter retroactive
effect.
The Borough Council is authorized to make and adopt such procedural
rules as it may deem necessary for the proper enforcement of this
chapter, provided that such procedural rules and regulations shall
not be in conflict with the substantive provisions of this chapter.
Such rules and regulations shall have the same force and effect as
the provisions of this chapter, and the penalty for violation thereof
shall be the same as the penalty for violation of the provisions of
this chapter.
A.
If a violation has not been corrected within the time designated
for such compliance and the Borough Council finds that the continuation
of such violation constitutes a public nuisance or hazard, it may
order the correction of such violation, using Borough funds or Borough
personnel to accomplish such corrections, and may charge the cost
thereof to the violator. It may collect such cost by lien and/or otherwise
as may be authorized by the laws of this state.
B.
If a violation has not been corrected within the time designated
for such compliance and/or the violation causes danger or threat of
danger to the public health, safety and welfare, the Borough may cancel
and void the certificate of occupancy and order the lot, building,
business dwelling, building unit, dwelling unit, office or storage
unit vacated.
Any person who violates any provisions of this chapter or any provision of any rule or regulation adopted by the Borough Council pursuant to authority granted by this chapter or who fails to correct in a reasonable time the defects for which the lot, business, building, dwelling, office or storage unit have been cited shall, upon conviction before a Magisterial District Judge of competent jurisdiction, pay a penalty of not less than $100 nor more than $1,000, reimburse to the Borough the costs of the abatement of violation as set forth in § 65-6, including all interest, penalties and attorney fees and, in default of payment of such fine and/or reimbursement to the Borough of costs of abatement of violation, be imprisoned for not less than one day nor more than 30 days; each day's failure to comply with any such provision shall constitute a separate violation.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise.
A certificate issued by a municipality stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
The date on which title and right to possess the property
transfers to the purchaser or, in cases where the property is sold
pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the Municipal Claim and Tax Lien Law, the first day following
the right of redemption period authorized under the Municipal Claim
and Tax Lien Law.[1]
The Borough of Prospect Park, Delaware County, Pennsylvania.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
A certificate issued by a municipality as a result of the
municipal inspection of a property incident to the resale of the property
that identifies at least one substantial violation, and the purpose
of the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to the
maintenance and repair provisions of this act. No person may occupy
a property during the term of a temporary access certificate, but
the owner shall be permitted to store personal property 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
certificate.
A certificate issued by a municipality as a result of the
municipal inspection of a property incident to the resale of the property
that reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations pursuant to
the maintenance and repair provisions of the Act.
A condition which renders a building or 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 violation of a properly adopted building, housing, property
maintenance or fire code or maintenance, health or safety nuisance
ordinance that does not rise to the level of a substantial violation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
