[Ord. 2017-01-04, 1/23/2017[1]]
This Part shall be known as the "Township of New Britain Use
and Occupancy Ordinance."
[1]
Editor's Note: This ordinance superseded former Part
1, Occupancy of Buildings and Structures, adopted 7/14/2004 by Ord.
04-06-03.
[Ord. 2017-01-04, 1/23/2017]
The following words and phrases, when used in this Part, shall
have the meanings given to them in this section, unless the context
clearly indicates otherwise:
The date on which title and right to possess the property
transfer to the purchaser or, 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 Claim and Tax Lien Law,"[1] the first day following the right of redemption period
authorized under the Municipal Claim and Tax Lien Law.
An inspection of a property by the Township, incident to
the resale or rental of that property, to determine the property's
current compliance with the Township's ordinances, codes, rules
and regulations.
A violation of the Township's Building Code, Property
Maintenance Code, Fire Code, or nuisance provisions that does not
rise to the level of a substantial violation and is discovered during
the course of an inspection and disclosed to the record owner or prospective
purchaser of the property through issuance of an inspection report
by the Township.
Any individual; corporation; partnership; joint venture;
firm; association; trust; governmental entity, corporation, or agency;
or any combination thereof.
A violation of the Township's Building Code, Property
Maintenance Code, Fire Code, or nuisance provisions that makes a building,
structure, or any part thereof unfit for human habitation and is discovered
during the course of an inspection and disclosed to the record owner
or prospective purchaser of the property through issuance of an inspection
report by the Township.
A certificate issued by the Township as a result of an inspection
that identifies at least one substantial violation. The purpose of
the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to the
maintenance and repair provisions of this Part. 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 an inspection
that reveals at least one minor violation but no substantial violation.
The purpose of the certificate is to authorize the purchaser to fully
utilize or reside in the property while correcting minor violations
pursuant to the maintenance and repair provisions of this Part.
New Britain Township, Bucks County, Pennsylvania.
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 Township stipulating that the
property meets all applicable Township ordinances, codes, rules and
regulations and may be used and/or occupied as intended.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Ord. 2017-01-04, 1/23/2017; as amended by Ord. No. 2018-09-03,
9/17/2018]
1.
Applications for a use and occupancy certificate shall be obtained
and filed with the Township in accordance with the Township's
Fee Resolution, adopted and revised from time to time by the Board
of Supervisors.
2.
Every person seeking a certificate to occupy any premises shall file
a use and occupancy certificate application with the Township, setting
forth the name of the applicant, the location of the premises, the
name of the owner, the address of the owner, the nature of the proposed
use of the building, and, if for residential purposes, the names of
all occupants.
3.
A use and occupancy certificate is required before any new occupants
occupy or reoccupy any structure.
4.
Where an existing structure has not been permanently occupied for
six months, a new use and occupancy certificate is required before
any previous occupants reoccupy this structure.
5.
A use and occupancy certificate is required before any new tenants
occupy any rental unit within a structure.
[Ord. 2017-01-04, 1/23/2017]
1.
All structures shall be subject to inspection by authorized Township
officials for compliance with the Township's Building Code, Property
Maintenance Code, Fire Code, and nuisance provisions prior to issuance
of a use and occupancy certificate. Inspections should be held before
the sale or rental of the property, as the owner of the property shall
be responsible for any corrections or repairs necessary to satisfy
violations found by the inspection. Inspections shall be held not
more than 45 days and not less than 14 days prior to the settlement
date (intended date of purchase) or rental of said property.
2.
In addition, the following requirements must be met:
A.
All fireplaces, chimneys, and wood stoves will be visually inspected,
and any firesafety hazards shall be noted for correction by the property
owner.
B.
All fire alarm systems shall be inspected and certified to be in
proper working order by an independent inspector. An inspection report
will be filed with the Township.
C.
All sidewalks, curbing and driveway aprons shall be inspected to
be in proper working order, and any tripping hazards or faulty concrete
shall be noted for correction by the property owner.
3.
Nothing contained in this Part shall be construed to require any
owner of tangible personal property held for the purpose of manufacturing
in the ordinary course of his business, or held for the purpose of
sale or resale in the ordinary course of his business, to obtain a
certificate to transport or remove such tangible personal property
from or to any storehouse, or house or usable place of business; and
nothing contained in this Part shall be construed to require any hotel,
lodging house, or rooming house to obtain a certificate for the use
of space or rooms in such buildings by transient guests.
[Ord. 2017-01-04, 1/23/2017]
1.
A certificate shall be issued as follows:
A.
If the inspection reveals no violations, a use and occupancy certificate
shall be issued.
B.
If the inspection reveals at least one minor violation and no substantial
violations, the minor violation(s) shall be specifically noted on
the inspection report, and a temporary use and occupancy certificate
shall be issued.
C.
If the inspection reveals at least one substantial violation, all
violations (minor and substantial) shall be specifically noted on
the inspection report, and a temporary access certificate shall be
issued.
D.
Neither type of temporary certificate shall be issued until the applicant
provides the Township with a written statement, signed by the buyers
of the property, that the buyers have been provided a copy of the
Township's inspection report and acknowledge that they will be
responsible to correct any violations still existing on the property
after the date of purchase.
2.
Within 12 months of the date of purchase ("correction period"), the
purchaser of a property which an inspection found to contain a violation
shall, at the purchaser's option, either:
3.
At the written request of the property owner, the Township may allow
for a longer correction period to bring the property into compliance,
at the Township's sole discretion. The correction period, however,
cannot be shortened to less than 12 months.
4.
Reinspection of Property.
A.
At the expiration of the correction period, or before that time if
requested by the property owner, the Township shall reinspect the
property for the purpose of determining whether or not the violation(s)
noted in the inspection report have been fully and properly corrected.
B.
If a temporary access certificate has been issued and the reinspection
finds that the noted substantial violations have been corrected but
the minor violations have not yet been corrected, the Township shall
issue a temporary use and occupancy certificate, which shall be valid
for the time remaining on the correction period for the original temporary
access permit.
C.
If the reinspection finds that all noted violations have been fully
and properly corrected, the Township shall issue a use and occupancy
certificate for the property.
5.
Failure to comply with the requirements of this section shall result
in the following:
A.
Revocation of the temporary certificate.
B.
The purchaser being subject to any and all Township ordinances or
codes relating to the occupation of a property without a use and occupancy
certificate, including new deadlines for correction of violations
per appropriate codes.
C.
The purchaser being personally liable for the costs of maintenance,
repairs, and/or demolition sufficient to correct the cited violations,
and a fine of not less than $1,000 and not more than $10,000.
6.
The requirements of this section do not apply when a previous violation
of a Township ordinance, code, rule or regulation, for which a fine,
penalty, judgment to abate or correct, or judgment at law or in equity
was imposed by a Magisterial District Judge, a court of common pleas,
or other court, prior to purchase. In such instances, the Township
may refuse, at its sole discretion, to issue any type of certificate
until the violation has been fully and property corrected and any
fine, penalty, and/or judgment has been fully paid, fulfilled, addressed,
satisfied, and/or complied with.
[Ord. 2017-01-04, 1/23/2017]
1.
Applicability. Except as set forth in Subsection 2 below, this Part shall not apply to, and the Township shall not require any type of certificate for, a real estate transfer to any of the following entities which takes 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:
[Ord. 2017-01-04, 1/23/2017]
In addition to all other provisions of this Part, it shall be
the duty of any owner (or his designated agent) of an apartment complex,
townhouse, PRD, multifamily dwelling, or other residential structure
to supply the names and addresses of any and all new tenants to New
Britain Township within 15 days of occupancy of the dwelling unit
by these new tenants. This information shall be in writing.
[Ord. 2017-01-04, 1/23/2017]
1.
All buildings and structures falling under the commercial, institutional,
and industrial building code use groups, and all hotels, motels, boardinghouses,
and similar buildings and structures, shall be inspected on an annual
basis for compliance with the then currently adopted Township Fire
Code.
2.
If the Township's firesafety inspection finds violations, the
property owner and/or tenant will have 30 days from receipt of written
notice of these violations to provide a viable plan to the Code Enforcement
Department for bringing the property into compliance in a timely manner.
The Code Enforcement Department will have the final determination
whether or not a submitted plan is viable and timely.
[Ord. 2017-01-04, 1/23/2017]
Any person who has violated or permitted the violation of the
provisions of this Part, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, shall pay a judgment
of not more than $600, plus all court costs, including reasonable
attorneys' fees incurred by the Township as a result thereof.
Each day that a violation continues shall constitute a separate violation.
Each lot or dwelling violating any provision of this Part shall constitute
a separate violation.
