[HISTORY: Adopted by the Board of Supervisors of the Township
of Middle Smithfield 5-25-2017 by Ord. No. 214. Amendments noted where applicable.]
The purpose of this chapter is to regulate the use and occupancy
of leased properties and properties in which title of ownership is
transferred, in order to prevent use and occupancy of said properties
from adversely affecting the public health, safety or welfare of any
individual or the community as a whole.
Where the following words are used in this chapter, they shall
be defined as follows:
Any building, building structure, temporary building or temporary
building structure intended for human occupation, either for residential
or business purposes, located in the Township of Middle Smithfield.
Any of the following person or persons, either singly or
in combination, who shall serve at the pleasure of the Board of Supervisors
to make the inspections, and issue certificates, under this chapter:
Occupancy of a building, in whole or in part, for any for-profit
or nonprofit business activity, commerce, industry, professional services
or other services for hire.
Any person who alone, or jointly with others, holds legal
or equitable title to any building.
Any individual, firm, corporation, association, partnership
or other legal entity, including, without limitation, any executor,
administrator, guardian, or representative of a deceased or incompetent
individual.
Occupancy of a building for nonbusiness dwelling purposes
such as personal living, sleeping, cooking and eating purposes.
A violation of an adopted building, housing, property maintenance
code, 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.
A certificate issued as a result of the municipal inspection
of a property that identifies at least one substantial violation,
and the purpose of the certificate is to authorize access to the property
for the purpose of correcting substantial violations pursuant to the
maintenance and repair provisions of this chapter. 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 as a result of the municipal inspection
of a 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 the maintenance and repair provisions of this
chapter.
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 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 code, 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.
A.Â
If the owner of a business or residential building desires to lease
or sell the building, or portion thereof, the owner shall apply for
and obtain, no later than 15 days prior to leasing or sale, a use
and occupancy certificate from the Building Inspector of the Township
of Middle Smithfield. The application for a use and occupancy certificate
may be made by an agent of the person or persons whose responsibility
it is to obtain the use and occupancy certificate.
B.Â
The application shall be on the Township's form, and the applicant
shall pay any required fee at the time of application, which fee may
be set by the Board of Supervisors from time to time by resolution.
If more than one inspection is required because the property does
not pass occupancy requirements, the applicant shall be responsible
for the costs of all subsequent inspections, unless the application
is withdrawn, and may be required to pay a fee or reasonable deposit
in advance.
C.Â
Any issued use and occupancy certificate for a building, or portion
thereof being sold or leased, shall only be valid for a leasing or
sale occurring within 30 days after the date of issuance of the certificate.
D.Â
An applicant for a use and occupancy certificate shall inform the
renter, lessee, or buyer of said property of the result of the inspection,
prior to the lease, rental, or sale.
E.Â
An use and occupancy certificate shall be issued in the following
manner:
(1)Â
If the municipal inspection reveals no violations.
(2)Â
If the municipal inspection reveals at least one violation, but no
substantial violations, a temporary use and occupancy certificate
shall be issued. Once corrections have been made and subsequent inspections
show the property to be in compliance, a use and occupancy certificate
shall be issued.
(3)Â
If the municipal inspection reveals at least one substantial violation,
a temporary access certificate shall be issued to allow access to
the property for the purpose of correcting substantial violations
that are specifically noted on the inspection report. Once corrections
have been made and subsequent inspections show the property to be
in compliance, a use and occupancy certificate shall be issued.
F.Â
Use and occupancy of a building without a required use and occupancy
certificate is illegal, and shall constitute a violation of this chapter,
unless permitted pursuant to a validly issued temporary use and occupancy
certificate or temporary access certificate.
A.Â
Where a temporary use and occupancy certificate or temporary access
certificate has been issued, the owner, at its option, shall either:
B.Â
All necessary permits required to complete any type of connections
to bring the property into compliance must be applied for and obtained
in compliance with building, property maintenance, fire codes or other
health or safety codes.
A.Â
Prior to issuing a use and occupancy certificate, the Building Inspector
shall inspect the business or residential building, or portion thereof
to be sold or leased, to determine whether or not it complies with
the requirements as set forth in this chapter.
B.Â
Any person or persons authorized to make occupancy inspection, as
defined in § 1 79-2 as the Building Inspector, shall enjoy
all privileges, rights and immunities which would inure to the Building
Inspector of the Township of Middle Smithfield.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof in any action brought in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, be sentenced to pay a fine of not less than
$300 and not more than $1,000 plus costs of prosecution, including,
without limitation, the Township's reasonable attorneys fees
in the enforcement proceeding. Each day that a violation of this chapter
continues, and each section of this chapter which shall be found to
have been violated, shall constitute a separate offense.
This Ordinance is intended to be consistent with, shall be interpreted,
and construed, in accordance with the Municipal Code and Ordinance
Compliance Act, 68 P.S. § 1081 et seq., and as amended from
time to time. In the event conflict between this chapter and the Municipal
Code and Ordinance Compliance Act, or any other applicable state statute,
such state statute shall govern.
A.Â
Except as set forth in Subsection B, this chapter shall not apply to, and a municipality may not require, a certificate of occupancy, a temporary use and occupancy certificate or a temporary access certificate for a real estate transfer, including a residential or nonresidential transfer, as provided under 68 Pa.C.S.A. § 7103(b)(2) (relating to application of part), to any of the following which take title to property for the purpose of holding the property for sale to offset losses incurred on a loan or other obligation in default secured by a mortgage, deed of trust or other lien on the property:
B.Â
A financial institution not subject to this chapter under Subsection A may be required by the Township to correct a substantial violation.
C.Â
This chapter shall not apply to residential rentals less than 30
days in length, provided that the owner of the building has applied
for and received a use and occupancy certificate within one year of
the rental.
