Borough of Wilmerding, PA Occupancy Permits

Any house, building, premises, apartment or portion of any building, including any apartment building, boardinghome or condominium development, that is designed or used as a place of residence for one or more persons or family and which contains a facility for cooking.

OWNER

The legal owner of real estate, including the owner as reflected in deed or document recorded in the Department of Real Estate of Allegheny County or any other county office.

PERSON

Any natural person, firm, partnership, association, corporation or legal entity.

§ 138-2 Permit required for occupancy, changes in ownership and vacancy.

[Amended 1-11-1983 by Ord. No. 825; 7-14-2009 by Ord. No. 1007]

No person owning, controlling or authorizing occupancy of any structure shall occupy or allow another to occupy any dwelling unit, building or commercial premises within the Borough of Wilmerding without first securing an occupancy permit from the Wilmerding Borough Building Code Official, Building Inspector or appropriately designated person by the Borough of Wilmerding. A separate occupancy permit shall be applied for and issued for each individual dwelling unit, building unit or commercial premises. The property owner shall at all times be responsible for compliance and may not transfer this responsibility to a tenant.

Any transfer or change in ownership of any dwelling unit, building or commercial premises shall require the application for and issuance of an occupancy permit by the Borough.

Provision is hereby made mandating any person owning, controlling or authorizing occupancy of any structure to notify the Wilmerding Borough Building Code Official, Building Inspector or appropriately designated person by the Borough of Wilmerding when a vacancy occurs in any occupied dwelling unit, building or commercial premises within the Borough of Wilmerding. Said mandatory notification must be given within five days of the occurrence of vacancy. The property owner shall at all times be responsible for compliance with this mandatory requirement and may not transfer this responsibility to a tenant.

[Added 10-5-2010 by Ord. No. 1010]

§ 138-3 Temporary occupancy permit.

[Added 7-14-2009 by Ord. No. 1007]

Provision is hereby made for application and issuance of a temporary occupancy permit. A temporary occupancy permit may be issued by the Wilmerding Borough Building Code Official, Building Inspector or other Borough-designated representative in the situation when a transfer in ownership is occurring or has occurred but the structure does not meet the requirements for eligibility for issuance of an occupancy permit. In this situation, a temporary occupancy permit may be issued by the Borough to facilitate the transfer of ownership. The temporary occupancy permit shall be valid for no more than 90 days. However, the Wilmerding Borough Building Code Official, Building Inspector or other designated Borough representative may extend the temporary occupancy permit for an additional maximum 90 days, in his or her sole discretion. Under no circumstances shall occupancy of any structure, dwelling unit or commercial premises be permitted with a temporary occupancy permit. Occupancy shall be prohibited until a final inspection has been performed, completed and an occupancy permit has been issued by the Borough.

§ 138-4 Exceptions.

The provisions of § 138-2 shall not apply to the occupancy or vacation of rooms, suites or other portions of motels, hotels, rooming houses, or the like, wherein rooms are rented on a daily basis to nonresidents of the Borough of Wilmerding.

§ 138-5 Issuance of permit; fees.

[Amended 1-11-1983 by Ord. No. 825; 7-14-2009 by Ord. No. 1007]

An occupancy permit or temporary occupancy permit shall be issued by the Wilmerding Borough Building Code Official, Building Inspector or appropriately designated representative of Wilmerding Borough upon proper application on a form provided by Wilmerding Borough by the person owning, controlling or authorizing occupancy, desiring to occupy or allowing occupancy of any dwelling unit, building or commercial premises within the Borough of Wilmerding. Every application for an occupancy permit or temporary occupancy permit shall be accompanied by check, cash or money order in the amount described below. Said fees established herein may be amended from time to time by future action of the Wilmerding Borough Council by simple resolution.

The occupancy permit fee for commercial premises shall be $65, as long as the inspection is of a routine nature. If the inspection requires a complex procedure or excessive time on behalf of the Wilmerding Borough Building Code Official, Building Inspector or appropriate designated representative of Wilmerding Borough, the applicant shall bear the additional cost of such inspection.

The occupancy permit fee for residential and/or dwelling units shall be $40 per unit, as long as the inspection is of a routine nature. If the inspection requires a complex procedure or excessive time on behalf of the Wilmerding Borough Building Code Official, Building Inspector or appropriate designated representative of Wilmerding Borough, the applicant shall bear the additional cost of such inspection.

The temporary occupancy permit fee shall be $80.

§ 138-6 Inspections.

[Amended 7-14-2009 by Ord. No. 1007]

Prior to the issuance of any occupancy permit or temporary occupancy permit, the Building Code Official, Building Inspector or designated representative by Wilmerding Borough shall physically inspect the premises intended to be occupied to determine that the premises are in a safe and habitable condition, to determine that the structure may be safely occupied by the applicant or intended occupants considering the nature of the use intended, and that the structure is in compliance with all applicable Wilmerding Borough ordinances and codes.[1]

[1]

Editor's Note: Original § 4-305, Sewer charges to be paid, amended 11-11-2003 by Ord. No. 986, which immediately followed this section, was repealed 7-14-2009 by Ord. No. 1007.

§ 138-7 Unlawful acts.

[Amended 1-11-1983 by Ord. No. 825; 7-14-2009 by Ord. No. 1007]

It shall be a violation of this article for any person owning any building, dwelling unit or commercial premises, controlling or causing occupancy of any building, dwelling unit or commercial premises within the Borough of Wilmerding to move into and occupy or allow another to move into or occupy any building, dwelling unit or commercial premises, or part thereof, in the Borough of Wilmerding without first having secured an occupancy permit. Failure to apply for an occupancy permit and/or obtain an occupancy permit from Wilmerding Borough prior to occupancy shall constitute a violation of this article and each day of occupancy without a permit shall be considered a separate offense and shall be punishable by the provisions and penalties established below.

§ 138-8 Violations and penalties.

[Amended 11-14-1989 by Ord. No. 899; 7-14-2009 by Ord. No. 1007; 10-5-2010 by Ord. No. 1010]

Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a civil fine of not more than $1,000 plus costs for each offense. Each day that a violation of this article continues shall constitute a separate offense.