[HISTORY: Adopted by the Borough Council of the Borough of Sharon Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-2014 by Ord. No. 1369]
The purpose hereof is to protect and promote the health, safety and welfare of the residents of the Borough and particularly the commercial businesses/properties and to encourage the owners of commercial businesses/properties to maintain said businesses/properties in a safe and sanitary condition.
As used herein, the following shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Any ordinance, code, law or regulation in effect for the Borough of Sharon Hill concerning fitness for habitation or the construction, maintenance, occupancy, use or appearance of any building, dwelling unit or structure, including but not limited to the in-effect Zoning Ordinance; International Building, Plumbing, Electrical, Fire Prevention and Property Maintenance Codes, as promulgated by the International Code Council; the Uniform Construction Code; Garbage, Refuse and Rubbish Ordinance and the Nuisance Ordinance.
- CODE ENFORCEMENT OFFICER
- The duly appointed Code Enforcement Officer(s) having charge of the Office of Code Enforcement of the Borough of Sharon Hill and any assistants or agents.
- COMMERCIAL BUSINESS/PROPERTY
- Any commercial business/property that meets the definitions as outlined in the International Building Code as assembly, business, educational, factory and industrial, high hazard, institutional, mercantile, residential, storage or utility and miscellaneous.
- FIRE MARSHAL
- The duly appointed Fire Marshal of the Borough of Sharon Hill and any assistants or agents.
- OWNER'S DUTIES
- It shall be the duty of every owner to keep and maintain all commercial businesses/properties in compliance with all applicable state laws and regulations and local ordinances and to keep such property in good and safe condition. This chapter is not intended, nor shall its effect be, to limit any other enforcement remedies which may be available to the Borough of Sharon Hill against an owner, occupant or guest thereof.
- Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, mobile homes and other similar items.
- Any person who has the right of occupancy, either singly or with others, of a commercial business/property owned by a landlord.
It shall be the duty of every commercial business/property owner in the Borough of Sharon Hill to annually register his/her commercial business/property with the Borough of Sharon Hill on a registration form supplied by the Borough. A reregistration form shall be filed with the Code Enforcement Office by the annual expiration date of the registration form each year and shall include the required information on the said registration form supplied by the Borough.
The aforesaid registration form shall be accompanied by the payment of an annual registration/inspection fee as set forth in the Borough of Sharon Hill Fee Schedule, which shall be adopted by resolution of the Borough Council.
Upon receipt of the aforesaid registration form and fee, the Code Enforcement Office shall issue a permit for each commercial business/property registered. It shall be the duty of each commercial business/property owner to make available the permit upon request.
It shall be the duty of commercial businesses/properties owners in the Borough of Sharon Hill to file with the Code Enforcement Office a report of any change in the use or new occupancy of the business and comply with the registration requirement within 10 days of the new occupant taking possession.
The Code Enforcement Officer and/or Fire Marshal of the Borough of Sharon Hill is authorized and directed to make annual inspections of each commercial business/property in the Borough of Sharon Hill in order to safeguard the health and safety of the occupants thereof and in order to determine and enforce compliance with the codes, laws and regulations applicable to such units and the structures containing such units. The Code Enforcement Officer and/or Fire Marshal is further authorized to enter, for the purpose of such inspection, all commercial businesses/properties, and it is the duty of commercial business/property owners to provide access to such properties upon request by the Code Enforcement Office and/or Fire Marshal.
The construction date of the building will be taken into consideration when determining safety standards.
The Code Enforcement Officer and/or Fire Marshal shall issue a report of each inspection and shall supply a copy thereof to the commercial business/property owner. The report, designated as the "Borough of Sharon Hill Commercial Business/Property Minimal Safety Checklist," shall reflect the items that will be inspected and shall note all deficiencies and violations observed during such inspection. The report shall state the corrective action or repairs required to be taken by the business owner and the date by which the corrective action or repairs are required to be completed. The Code Enforcement Office and/or Fire Marshal is authorized and directed to schedule follow-up inspection(s) of a commercial business/property to determine compliance with the inspection report.
The Borough shall charge every commercial business/property within the Borough of Sharon Hill a registration/inspection fee as set forth in the Sharon Hill Fee Schedule for each commercial business/property in order to defray the cost of conducting the registration/inspection.
Any commercial business/property owner or other person who shall fail to file the registration forms or reports required to be filed by this chapter or who shall otherwise fail to comply with the requirements of this chapter, including providing access, as requested by the Code Enforcement Office and/or Fire Marshal, shall be guilty of a violation of this chapter and shall, upon conviction thereof, be sentenced to pay a maximum fine as provided from time to time by state statute, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both, for each such violation. Each day that violation of this chapter continues shall constitute a separate offense.
In addition to the foregoing penalties for violations of this chapter, commercial business/property owners shall be subject to the fines and penalties and other remedies provided in other applicable codes and ordinances if such commercial business/property owner fails to correct or repair any violation of such code or ordinance cited during an inspection of a commercial business/property as directed by the Code Enforcement Office and/or Fire Marshal.
All records, files and documents pertaining to this program shall be maintained by the Code Enforcement Office and made available to the public as required by state law.