[Ord. 136, 8/1/1988, § 1]
This Part provides for notification by the residents, property
owners and landlords of the Borough to the Borough of Honey Brook
of persons resident in the Borough for the purposes of properly and
accurately processing tax duplicates, tax bills and the collection
of all properly levied taxes imposed by the Borough under any taxes
validly enacted by the Borough under any taxes lawfully in effect
or in the future lawfully imposed.
[Ord. 136, 8/1/1988, § 2]
A landlord is defined for the purposes of this Part as any
person, or persons, natural or corporate, who or it, allows or leases
to other persons, natural or corporate, to occupy real estate or portions
of real estate, owned by or in control of the landlord.
A resident is every person resident in the Borough who is
18 years of age or older.
[Ord. 136, 8/1/1988, § 3; as amended by Ord. No.
246-2018, 7/2/2018]
1.
A landlord
and any other required person designated in this Part shall file an
occupancy report with the Borough Secretary or the Building Code Official
giving the full name and resident address of all persons occupying
dwellings in the Borough of Honey Brook as follows:
[Ord. 136, 8/1/1988, § 4; as amended by Ord. No.
246-2018, 7/2/2018]
If no new or additional person, or persons, natural or corporate,
have occupied all or a portion of the real estate owned by, or in
control of, the landlord since the filing of the most-recent occupancy
report, then, annually, on or before the 31st day of January each
year, the landlord shall file a certification to that effect with
the Borough Secretary or Building Code Official.
[Ord. 136, 8/1/1988, § 5]
An occupancy report shall contain the following information:
A.
The names of all persons, natural or corporate, having a right to
occupy real estate owned by, or in the control of, the landlord.
B.
The complete mailing address of all persons, natural or corporate,
so occupying.
C.
The name, address and telephone number of the landlord.
D.
Signature of the landlord.
[Ord. 136, 8/1/1988, § 6; as amended by Ord. 193,
7/16/2007]
Any landlord or other person who shall fail to comply with any
provision of this Part, upon conviction thereof, shall be fined not
less than $50 and not more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. It shall be a separate violation:
A.
As to each person, natural or corporate, occupying all or a portion
of real estate owned by, or in control of, the landlord.
B.
As to each failure to provide an occupancy report or certification
of no change in occupancy when due.
C.
As to each successive thirty-day period following the due date of
an occupancy report or certification of no change in occupancy.
[Ord. 136, 8/1/1988, § 7; as amended by Ord. 193,
7/16/2007]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to pay a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
2.
Any other actions, including assumpsit and equity, are also reserved
and may be additional actions by the Borough of Honey Brook.
[Ord. No. 246-2018, 7/2/2018[1]]
1.
The Borough Council (the "Council") of the Borough of Honey Brook
(the "Borough") finds that the establishment of a residential health
and safety inspection program for residential property and rental
units is necessary to protect the public health, safety, and welfare
by ensuring the proper maintenance of such housing, by identifying
and requiring correction of housing, building, safety, plumbing, electrical,
property maintenance and fire prevention violations, and by preventing
conditions of deterioration and blight that could adversely affect
economic conditions and the quality of life in the Borough.
2.
The Borough Council finds that all owners of rental units offering
such property for sale, lease or rental and all owners of residential
property offering such property for sale, lease or rental shall be
required to advise the purchaser or tenant of the legal use and condition
of such property. Owners of rental units shall be required to deliver
to the tenant prior to the lease of such property a rental license
certificate obtained from the Building Code Official.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 2, Residential Health and Safety Inspection, adopted
10/5/2009 by Ord. No. 205.
[Ord. No. 246-2018, 7/2/2018]
The following words and phrases, whenever used in this Part,
shall be construed as defined in this Part, unless the context clearly
indicates otherwise:
Pursuant to Chapter 401.1 of the Pennsylvania Uniform Construction
Code, a Building Code Official is "a construction code official, or
the Building Code Official's designee, who manages, supervises
and administers building code enforcement activities under Section
401.7(18) (relating to certification category specifications) of the
Pennsylvania Uniform Construction Code (UCC), 35 P.S. §§ 7210.101
to 7210.1103, as amended, or any other applicable housing, building,
plumbing, electrical, safety or fire prevention ordinances or regulations."
Duties include, but are not limited to, management of building code
enforcement activities; supervision of building inspectors or plan
examiners; authorizing issuance of certificates of occupancy, issuance
of building permits, violation notices and orders to vacate; and the
initiation of prosecutions.
A code administrator or municipal code official, construction
code official or third-party agency certified with the Department
of Labor and Industry under the Pennsylvania Uniform Construction
Code (UCC). The term includes any individual certified in a category
established under the UCC to perform a plan review of construction
documents or administer and enforce codes and regulations in that
category under the Act or related acts or other applicable housing,
building, plumbing, electrical, safety or fire prevention ordinances
or regulations. The code enforcement officer may also be the Building
Code Official.
The closing date on which the title and right to possess
the property transfers to the purchaser and, 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 Claims and Tax Liens Law," the first day following
the right of redemption period authorized under the Municipal Claims
and Tax Liens Law.[1]
An examination of a property by a code enforcement officer
to determine if the property complies with the Pennsylvania Uniform
Construction Code, the International Property Maintenance Code or
any other applicable housing, building, plumbing, electrical, safety
or fire prevention ordinances or regulations and, if not, which portions
of the property are not in compliance with such codes, ordinances
or regulations. The definition of "inspection" includes the inspection
of owner-occupied property and rental units.
The purpose for which a building or portion thereof is utilized
or occupied.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property, or recorded in the official
records of the county as holding title to the property, or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person, and the executor or administrator of the estate of
such person if ordered to take possession of real property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
A certificate issued to a rental unit pursuant to proper
inspection every two years.
A dwelling unit within the Borough, including single-family
homes, single-family homes converted to multifamily use, rental apartments
and similar living accommodations which are leased or rented and not
owner-occupied, and which must comply with rental license requirements.
Any property that is used primarily as a single-family or
multifamily dwelling and which is owner-occupied.
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 the Borough 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.
A certificate issued by the Borough 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.
An individual, partnership, corporation or association, or
agent of any of them, lawfully residing in a rental unit.
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 certificate issued by the Borough stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
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.
[Ord. No. 246-2018, 7/2/2018]
1.
The provisions of this Part shall apply to all residential property
and rental units, except that the provisions of this Part shall not
apply to:
A.
Units that are owned, operated or managed by a government agency
other than the Borough or which are exempt from municipal regulation
pursuant to state or federal law or regulations, but only so long
as such government ownership, operation or management or exemption
from municipal regulation continues in effect.
B.
Properties which are intended to be demolished and for which the
Borough has issued a valid demolition permit.
[Ord. No. 246-2018, 7/2/2018]
1.
Certificate of Use and Occupancy Required Upon Transfer or Sale of
Property.
A.
Whenever there is a change in ownership, or transfer of title to
an existing building or structure requiring an occupancy permit for
its use, or upon written request from the owner of an existing building
or structure, the Building Code Official shall issue a certificate
of use and occupancy in the manner as set forth in this Part. It shall
be the responsibility of the owner or owner's agent to request
this inspection. Use and occupancy certificates shall not be required
in the case of transfers relating to taking title to offset losses
or foreclosures by financial institutions as specifically set forth
and provided for in the Municipal Code and Ordinance Compliance Act,
68 P.S. § 1802.2.
2.
Inspection Fee and Inspections Items.
A.
The inspection fee for the issuance of a certificate of use and occupancy
shall be established by resolution of the Borough Council, as may
be amended from time to time. The inspection fee shall cover the initial
inspection. Each subsequent follow-up reinspection will be charged
at a rate to be determined by resolution of the Borough Council. The
initial fee must be paid at the Borough offices at the time of application,
and any subsequent reinspections that are required must be paid prior
to the reinspection appointment. Applications for a use and occupancy
inspection shall be requested and occur at least 14 days prior to
the scheduled transfer or settlement of said property.
B.
U & O Inspection Items. The following items shall be inspected
prior to issuance of the use and occupancy certificate:
(1)
Each dwelling unit must have a smoke detector installed on each
floor level and in the bedroom area(s).
(2)
Each room used for sleeping purpose must have a smoke detector
installed.
(3)
Each dwelling unit must have a carbon monoxide detector installed.
(4)
An existing, acceptable, sixty-ampere service, or a minimum
one-hundred-ampere, three-wire electric service, must be installed
for the dwelling.
(5)
All kitchen countertop receptacles and bathroom receptacles
must be ground-fault circuit interrupter (GFCI) protected.
(6)
All sidewalks and curbs must be in good repair, free of large
cracks (covering more than 50% of the surface area or greater than
1/4 inch in width) and crevices, missing bricks and tripping hazards
(greater than 1/2 inch), and in compliance with the Borough's
sidewalk specifications.
(7)
The property must be supplied with clearly identifiable numbers
(minimum of four inches tall) outside the property, in clear view
of the street, designating the street number of the property.
(8)
The property must not have any illegal sewer connections, as
defined under the Borough's applicable current sewer inspection
policies.
(9)
When conditions warrant and at the sole discretion of the code
enforcement officer, the inspection may include other standards of
the UCC, the current ICC Property Maintenance Code, and all other
applicable housing, building, plumbing, electrical, safety or fire
prevention ordinances or regulations relating to the rental unit or
residential property.
3.
Compliance Requirement: Buildings and Structures.
A.
Within 12 months of the date of purchase, or longer subject to an
agreement between the purchaser and the Borough, any purchaser of
any building, structure or part of a building or structure known to
have one or more violations or one or more substantial violations
of the municipal codes relating to building, housing, property maintenance
or fire shall:
4.
Types of Certificates to be Issued.
A.
Issuance of Use and Occupancy Certificate. If the Borough determines
through an inspection that a property meets all ordinances and codes
and may be used or occupied as intended, the Borough shall issue a
use and occupancy certificate.
B.
Issuance of Temporary Use and Occupancy Certificate. If the Borough
determines through an inspection that a property has at least one
violation, the Borough shall issue a temporary use and occupancy certificate.
The Borough shall reinspect the property for the purposes of determining
compliance with the Borough Code; provided however, the property owner
may request an early inspection and the Borough may conduct said reinspection
consistent with the business of the Borough. In the event that the
violations are corrected within 12 months, the Borough shall issue
a use and occupancy certificate. In the event that the violations
are not corrected within 12 months, the Borough shall revoke the temporary
use and occupancy certificate and avail itself of any remedies available
at law.
C.
Issuance of Temporary Access Certificate. If the Borough determines
through an inspection that a property has at least one substantial
violation, the Borough shall issue a temporary access certificate
solely for the purpose of correcting substantial violations. No person
shall occupy a property during the term of the temporary access certificate.
The Borough shall reinspect the property for the purposes of determining
compliance with the Borough Code; provided however, the property owner
may request an early inspection and the Borough may conduct said reinspection
consistent with the business of the Borough. In the event that the
substantial violations are not corrected within 12 months, the Borough
shall revoke the temporary access certificate and avail itself of
any remedies available at law. In the event that the substantial violations
are corrected within 12 months, the Borough shall issue a use and
occupancy certificate.
[Ord. No. 246-2018, 7/2/2018]
1.
Prior to a tenant occupying property, and if the unit has not been inspected in the previous two years, the owner shall first have the property inspected and obtain from the Building Code Official the rental license certificate set forth in § 11-207. Any owner of a building containing two or more rental units shall arrange to have all units and all common areas inspected at one time during the inspection. No landlord shall permit a tenant or other person to occupy any rental unit unless all violations, found at the time of inspection by the Building Code Official, shall have been corrected and a certificate of use and occupancy issued by the Building Code Official prior to occupancy of the unit.
2.
All owners of rental units shall be required to have such units inspected every two years, commencing with the date of enactment of this Part. No rental unit which has not been inspected and has not received a rental license certificate and occupancy from the Building Code Official may be occupied by a tenant until the owner has first had the rental unit inspected and received the certificate described in § 11-207. Accessory buildings which are being rented for the purpose of storing personal belongings, such as cars and household goods, and which are not used for any residential purpose by the renter or lessor shall be exempt from the requirement to obtain an inspection.
3.
The rental license certificate shall be valid for a period of two
years. In the event that a property requires a new certificate before
the end of the two-year period, the Borough shall search its records
to determine if any violations of the building, plumbing, electrical
or fire protection codes exist for the property. If none exist, the
Building Code Official, in his sole discretion, may waive the inspection
requirement and issue a new certificate for the remaining portion
of the period.
4.
In the event an owner refuses to have the rental unit inspected,
then the Building Code Official can revoke any current licenses issued
and take other action as authorized by law.
[Ord. No. 246-2018, 7/2/2018]
1.
Nothing contained herein shall prevent or restrict the authority
of the Building Code Official or the Borough's code enforcement
officer to inspect any rental unit or residential property, or the
premises thereof, in response to a citizen complaint alleging code
violations or other violations of law at such rental unit or residential
property and to pursue all code enforcement remedies permissible under
this code or other laws following such a complaint-based inspection
of a rental unit.
2.
Nothing in this Part shall be construed to prohibit an owner or tenant
from voluntarily requesting an inspection pursuant to this Part to
determine whether a unit complies with the UCC or other applicable
housing, building, plumbing, electrical, safety or fire prevention
ordinances or regulations, even though such inspection may not be
required pursuant to this Part. Such voluntary inspection requests
shall be subject to all of the provisions of this Part, including,
but not limited to, the provisions governing applications and fees.
[Ord. No. 246-2018, 7/2/2018]
1.
Upon completion of the review and inspection, the Building Code Official
shall execute and deliver a rental license certificate to the owner
which shall contain the following information:
A.
The name and address of the owner and, in the case of a rental unit,
the name of the tenants.
B.
The street address or other appropriate description of the subject
property.
C.
A statement of the district classification applicable to the property
in question.
D.
A statement of the variances and use permits, if any, granted to
the property, together with the conditions and restrictions of such
permits.
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. This statement shall also indicate whether or not the property
has been approved or designated as a preexisting nonconforming use.
F.
A description of the portion of the residential unit or residential
property which was inspected for compliance with applicable housing,
building, plumbing, electrical, safety or fire prevention ordinances
or regulations if the certificate applies only to a portion of the
property.
G.
The name and signature of the Building Code Official who inspected
the rental unit and issued the certificate and the date thereof.
[Ord. No. 246-2018, 7/2/2018]
1.
It shall be unlawful for any person, firm or corporation to violate
any of the provisions of this Part.
2.
Those provisions and procedures set forth above in § 11-204 related to certificates of use and occupancy shall be the initial manner in which inspections shall be conducted and certificates shall be issued. For violations that exceed the twelve-month period set forth in § 11-204, the Borough may proceed in any other manner permitted by law.
3.
If the Building Code Official determines that a person, firm or corporation
is in violation of any provisions of this Part, he shall serve a written
notice of violation which includes the following:
A.
Name of the property owner;
B.
Description of the property;
C.
Statement of the violation or violations and why the notice is being
issued;
D.
A correction order allowing a reasonable time to bring the property
into compliance with the provisions of this Part; and
E.
A statement of the Borough's intent to enforce the provisions
of this Part through the imposition of fines or other equitable relief.
4.
The written notice of violation shall be delivered personally or
sent by certified or first-class mail addressed to the last known
address of the property owner. If the notice is returned showing that
the letter was not delivered, a copy shall be posted in a conspicuous
place in or about the structure affected by the notice.
5.
Any person who violates or permits the violation of any provision
of this Part related to use and occupancy permits shall result in
a revocation of any type of temporary use and occupancy certificate
given and, further, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, shall be guilty of a summary offense and shall
be subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section of this Part
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this Part is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not less than
$100 and not more than $1,000, plus the costs of prosecution, or,
upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a term of not more than 30 days.
All fines and penalties collected for the violation of this Part shall
be paid to the Borough Treasurer.
6.
Any person who violates or permits the violation of any provision
of this Part related to rental license certificates shall, upon conviction
thereof in a proceeding brought before a District Justice under the
Pennsylvania Rules of Civil Procedure, be subject to the payment of
not less than $600. Each section of this Part violated shall constitute
a separate offense, and each day or portion thereof in which a violation
of this Part is found to exist shall constitute a separate offense,
each of which violations shall be punishable by a separate fine imposed
by the District Justice. All fines and penalties collected for the
violation of this Part shall be paid to the Borough Treasurer.
7.
If the property owner fails to abate the violation(s) listed in the
notice of violation within the time prescribed in the notice, the
Borough may institute the appropriate proceeding at law or in equity
to restrain, correct or abate the violation(s). All costs incurred
by the Borough shall be reimbursed by the property owner and until
they are repaid shall be a lien against the premises.
