[HISTORY: Adopted by the Borough Council of Montgomery Borough
as indicated in article histories. Amendments noted where applicable.]
[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)]
[1]
Editor's Note: Former § 324-7, Inspection of owner-occupied
properties; when required; Borough notified, was repealed 6-14-2022
by Ord. No. 2022-1.
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.
