[Adopted 12-3-1996 by Ord. No. 96-12 (Ch. 4, Part 3, of the 1995 Code
of Ordinances; amended in its entirety 6-13-2017 by Ord. No. 2017-O-08]
As used in this article, the following terms shall have the
meanings indicated:
A certificate issued by the Township stipulating that the
property meets all applicable laws, ordinances and regulations of
the Township of Warrington, including the Property Maintenance Code,
and may be used or occupied as intended.
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 Township inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a Township report.
A certificate issued by the Township as a result of the Township
inspection of a property incident to the resale or rental of a property
that identifies at least one substantial violation, and the purpose
of the certificate is to authorize the purchaser or owner to access
the property for the purpose of correcting substantial violations
pursuant to all applicable laws, ordinances, and regulations of the
Township of Warrington and the Commonwealth of Pennsylvania, including
the Property Maintenance Code. No person may occupy a property during
the term of a temporary access certificate, but the owner shall be
permitted to store personalty 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 the Township as a result of the Township
inspection of a property incident to the resale or rental of the property
that reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser or tenant to fully
utilize or reside in the property while correcting violations pursuant
to all applicable laws, ordinances, and regulations of the Township
and the Commonwealth of Pennsylvania, including the Property Maintenance
Code.
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 zoning, 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 Township inspection
of a property and disclosed to the record owner or prospective purchaser
of the property through issuance of a Township report.
From and after the effective date of this article, it shall
be unlawful for any person, firm or corporation to change the occupancy
of any residential dwelling unit, or commercial or industrial building
within the Township of Warrington or permit such a change, without
first obtaining an occupancy certificate or temporary occupancy certificate.
It shall be unlawful for any person, firm or corporation to
occupy any residential dwelling unit, or commercial or industrial
building within the Township of Warrington when an occupancy certificate
or temporary occupancy certificate is required by this article, without
first obtaining such a certificate.
It shall be unlawful for any person, firm or corporation to
sell or lease any residential dwelling unit, or commercial or industrial
building within the Township of Warrington without first obtaining
an occupancy certificate, temporary occupancy certificate, or temporary
access certificate, regardless of whether there is a change in occupancy
at the time of such sale. This requirement shall not apply to real
estate transfers to any bank, savings association, credit union, mortgage
lender, or any similar financial institution or other subsidiary thereof,
which losses incurred on a loan or other obligation in default secured
by a mortgage, deed of trust or other lien on the property.
A.
Applications for occupancy certificates shall be made to the Township
of Warrington on forms provided for that purpose.
B.
The Township shall, from time to time, establish by resolution such
fees as it deems reasonable and proper to be charged for the issuance
of an occupancy certificate, temporary occupancy certificate and temporary
access certificate pursuant to the provisions of this part.
Upon receipt of a properly completed application for an occupancy
certificate and payment of the required fee, the Township shall promptly
inspect the residential dwelling unit, or commercial or industrial
building which is the subject of the application to determine if the
building conforms to all applicable laws, ordinances, and regulations
of the Township of Warrington and the Commonwealth of Pennsylvania,
including the Property Maintenance Code.
If, upon inspection, the Township shall determine that the residential
dwelling unit, or commercial or industrial building is in compliance
with all applicable laws, ordinances, and regulations, then the Township
shall issue an occupancy certificate to the applicant.
A.
If, upon inspection, the Township shall determine that the residential
dwelling unit or commercial or industrial building is not in compliance
with all applicable laws, ordinances, and regulations, then the Township
shall refuse to issue an occupancy certificate and shall promptly
notify the applicant, in writing, of the refusal and the specific
reasons therefor with citations of the specific sections and subsections
of the laws, ordinances, and regulations being violated. Upon notification
by the applicant that the residential dwelling unit, or commercial
or industrial building has been brought into compliance, the Township
shall conduct a reinspection and upon a determination that the unit
or building is in compliance, shall issue an occupancy certificate
to the applicant.
B.
If the Township inspection of a property incident to the resale or
lease of the property reveals a violation but not a substantial violation,
the Township shall refuse to issue an occupancy certificate and instead
issue a temporary occupancy certificate and shall promptly notify
the applicant, in writing, of the refusal and the specific reasons
therefor with citations of the specific sections and subsections of
the laws, ordinances, and regulations being violated.
C.
If the Township inspection of a property incident to the resale or
lease of the property reveals at least one substantial violation,
the Township shall issue a temporary access certificate and shall
promptly notify the applicant, in writing, of the refusal and the
specific sections and subsections of the law, ordinances, and regulations
being violated.
A.
Any purchaser or owner of property with a known violation of any
applicable laws, ordinances, and regulations must either bring the
property into compliance or demolish the building or structure in
accordance with the law within 12 months of the date of purchase.
At the request of the property owner, the Township may, at its discretion,
negotiate a longer period of time for maintenance and repair of the
structure under a temporary occupancy certificate.
B.
At the expiration of the twelve-month period, or before that time
if requested by the property owner, the Township shall reinspect the
property for the purpose of determining compliance with the cited
violations. If a temporary access certificate has been issued and
reinspection indicates that the noted substantial violations have
been corrected but other cited violations remain, the Township shall
issue a temporary occupancy certificate to be valid for the time remaining
on the original temporary access certificate. If reinspection indicates
that all noted violations have been corrected, the Township shall
issue an occupancy certificate for the property.
A.
Failure to comply with § 140-9A of this article shall result in:
(1)
Revocation of the temporary occupancy certificate or temporary access
certificate;
(2)
The purchaser or owner being subject to any existing laws, ordinances,
and regulations relating to the occupation of a property without an
occupancy certificate;
(3)
The purchaser or owner being personally liable for the costs of maintenance,
repairs or demolition sufficient to correct the cited violations,
and a fine of not less than $1,000 and not more than $10,000.
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This section shall not apply to a violation of a Township code
or ordinance for which a fine, other penalty or judgment to abate
or correct was imposed by a Magisterial District Judge or Municipal
Court, or a judgment at law or in equity was imposed by a Court of
Common Pleas prior to purchase, or where the Township denies the certificate
pursuant to 53 Pa.C.S. Chapter 61 (relating to neighborhood blight
reclamation and revitalization).
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B.
Any person, firm or corporation who shall violate any of the other
provisions of this article shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 nor more than $250 and costs of
prosecution, and in default thereof, to imprisonment in the Bucks
County Prison for not more than 10 days.
