Borough of Montgomery, PA
Lycoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of Montgomery Borough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 150.
Property maintenance — See Ch. 330.
[Adopted 9-11-1990 by Ord. No. 1990-7 (Ch. XIII, Part 3, of the 1996 Code of Ordinances)]
All rental units/properties, upon original occupancy by the tenant/tenants or upon the vacancy of a rental unit/units shall be inspected by the Code Enforcement Officer or other designated party of the Borough. It shall be the legal responsibility of the property owner/owners, landlord/landlords, and tenant/tenants to notify the Borough of intent to occupy a new rental unit or, when a vacancy occurs, notify the Borough of such vacancy and to allow inspection prior to reoccupancy of the rental unit/units.
If the authorized official from the Borough determines the rental unit/units to be unfit for habitation, he/she shall display a red tag on the property and notify, in writing, either by personal service or registered mail, the property owner/owners of the issuance of the red tag and that the property cannot be occupied until the violation/violations have been corrected. This written notice shall state specifically what violations must be corrected before occupancy can occur.
If the authorized official from the Borough determines the rental unit/units to be in violation of the Building Code of the Borough or other ordinances of the Borough or in violation of state or federal laws, a yellow warning tag shall be displayed on the property and the property owner/owners shall be notified, in writing, which shall be personally served or sent by registered mail, of the issuance of this yellow tag and the specific violations. In this written notice, the Borough shall give a reasonable period (not to exceed 30 days) for the property owner/owners to correct the violations before the issuance of a citation.
[Amended 12-12-1995 by Ord. No. 1995-21]
Any property owner, landlord, tenant or other person who violates any provision of this article shall be guilty of an offense and, for every such offense, upon conviction, shall be sentenced to pay a fine of not less than $50 nor more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.
This article shall not apply to tourist rooms, bed-and-breakfast, hotels, or other units in which occupancy of the tenant is on a day-to-day basis.
[Added 3-9-1993 by Ord. No. 1993-3]
Borough Council is hereby authorized to adopt from time to time an appropriate rate or fee schedule, to cover the cost of inspections and reinspection by the Codes Enforcement Officer, as required in the within article.
[Adopted 10-14-1992 by Ord. No. 1992-4 (Ch. XIII, Part 2, of the 1996 Code of Ordinances)]
All owner-occupied properties, upon original occupancy by the owner or purchaser thereof, or upon the transfer of ownership thereof, by deed, article of agreement, will or intestacy, shall be inspected by the Codes Enforcement Officer, or other designated party of the Borough. It shall be the legal responsibility of seller/buyer, and estate representative/legatee or heir, to notify the Borough of such transfer and to allow inspection prior to reoccupancy of the residential unit.
If the authorized official from the Borough determines the residential property to be unfit for habitation, he/she shall display a red tag on the property and notify in writing, either by personal service or registered mail, the seller/buyer and the estate representative/legatee or heir, of the issuance of the red tag, and that property cannot be occupied until the violation/violations have been corrected. This written notice shall state specifically what violations must be corrected before occupancy can occur.
If the authorized official from the Borough determines the residential property to be in violation of the Building Code of the Borough, or other ordinances of the Borough, or in violation of state or federal laws, a yellow warning tag shall be displayed on the property and the seller/buyer and estate representative/legatee or heir, shall be notified in writing, which shall be personally served or sent by registered mail, of the issuance of this yellow tag and the specific violations. In the written notice, the Borough shall give a reasonable period (not to exceed 30 days) for the seller/buyer, and estate representative/legatee or heir, to correct the violations before the issuance of a citation.
[Amended 12-12-1995 by Ord. No. 1995-21]
Any seller/buyer, estate representative, legatee or heir who violates any provision of this article shall be guilty of an offense and, for every such violation, upon conviction, shall be sentenced to pay a fine of not less than $50 nor more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.
This article shall not apply to tourist rooms, bed-and-breakfasts, hotels or other properties in which occupancy thereof is on a day-to-day basis.
[Added 3-9-1993 by Ord. No. 1993-2]
Borough Council is hereby authorized to adopt from time to time, an appropriate rate schedule, or fee schedule, to cover the cost of inspections, or reinspection, by the Codes Enforcement Officer as required in the within article.