[Adopted 9-14-2017 by Ord. No. 713]
The following terms shall have the meanings indicated:
All areas of a building within which a dwelling is located,
both interior and exterior, but which are not interior to a dwelling
unit.
A building or structure, except temporary housing, which
is wholly or partly used or intended to be used for living or sleeping
by human occupants.
A room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking and eating.
The open space on the premises under the control of the owners
or operator of such premises.
Any property containing residential or accessory structure
improvements.
A person, firm, partnership, corporation, association, or
other entity owning, managing, or acting as an agent for the owner
or manager of a dwelling, dwelling unit, or rental dwelling.
A dwelling unit which is rented or leased with or without
written documentation. This shall include, but is not limited to:
houses, apartments, and boarding/rooming houses.
Any building, structure, or part of a building or structure
which is leased, rented, let out, or otherwise occupied by any person
other than the owner of the property. A rental unit includes a residential
structure or a portion of a structure, such as a house, apartment,
boarding room, or motel room.
The transfer of ownership of and/or title to property from
one person or entity to another.
A structure that, by the way it has been built, is not expected
to maintain its durability for as long a period of time as, but has
some of the facilities of, a conventional dwelling.
Any person, firm, partnership, corporation, association,
or other entity that rents, leases, or occupies any improved property
from a landlord, other than the owner of the property.
Noncompliance with any provision of the Code of Ordinances
of Upper Chichester Township.
No person, firm, partnership, corporation, or other entity,
or agent for a person, firm, partnership, corporation, or other entity,
shall sell or permit to be sold any improved property without first
obtaining a certificate of occupancy from Upper Chichester Township
as hereinafter set forth below.
The fee for the certificate of occupancy shall be as established
by resolution of Upper Chichester Township.
All procedures and requirements of the Municipal Code and Ordinance
Compliance Act, Act 133 of 2016,[1] will be adhered to prior to the issuance of a certificate
of occupancy upon the sale of a residential property.
[1]
Editor's Note: See 68 P.S. § 1081.
No person, firm, partnership, corporation, or other entity,
or agent for a firm, partnership, corporation, association, or other
entity, building or adding to an addition to an existing structure
shall occupy or permit the same to be occupied without first obtaining
a certificate of occupancy from Upper Chichester Township as set forth
in this article.
A.
No person, firm, partnership, corporation, association, or other
entity, or agent of a person, firm, partnership, corporation, association,
or other entity, managing, conducting, owning, or operating a dwelling,
dwelling unit, or rental unit shall rent, lease, letout, or permit
to be occupied the same without first obtaining a certificate of occupancy
from Upper Chichester Township as set forth in this article.
B.
A certificate of occupancy issued for a rental unit must be renewed
annually.
C.
A certificate of occupancy is revocable for any violation of any
provision of this article or any other applicable provision of the
Code of Ordinances of Upper Chichester Township. If an inspection
and issuance of a certificate of occupancy has occurred as a result
of a change of occupancy, the certificate of occupancy issued shall
be valid for 12 months from the date of issuance, or upon a change
in occupancy, whichever shall first occur.
D.
A separate certificate of occupancy for any rental dwelling or rental
unit containing more than two dwelling units must be obtained annually
upon the completion of quarterly random inspections of the common
area of the rental dwelling or rental unit. Each rental unit is also
subject to inspection upon a change of occupancy.
A new tenant registration is required at the time of a change
in occupancy.
In order to be eligible for a certificate of occupancy, the
dwelling, dwelling unit, or rental unit must be in compliance with
all existing provisions of the Code of Ordinances of Upper Chichester
Township, and all existing laws of the Commonwealth of Pennsylvania
as regards building, plumbing, electrical, zoning, health and safety,
fire or fire prevention, minimum housing standards, and property maintenance.
All requests for certificates of occupancy must be made to Upper
Chichester Township on the application form supplied by Upper Chichester
Township. All required fees must be paid at the time of application.
An inspection will be conducted within 30 days of application. The
owner, owner's agent, or applicant must be present at the time
of inspection.
A.
Upon completion of an inspection of a rental dwelling or rental unit,
if any violations are found of the Code of Ordinances and/or the laws
of the Commonwealth of Pennsylvania as set forth above, the certificate
of occupancy will be denied. An inspection report will be issued with
all violations listed. Upon correction of all violations, a new application
for a certificate of occupancy must be made, and a reinspection made.
A reinspection fee must be paid at that time.
B.
Upon completion of an inspection of the sale of a dwelling, if any
violations are found of the Code of Ordinances and/or the laws of
the Commonwealth of Pennsylvania as set forth above, the procedures
as set forth in the Municipal Code and Ordinance Compliance Act, Act
133 of 2016,[1] shall govern.
[1]
Editor's Note: See 68 P.S. § 1081.
An owner or his/her agent must be in possession of a certificate
of occupancy before allowing any dwelling, dwelling unit, rental dwelling,
or rental unit to be occupied.
Any person, firm, partnership, corporation, association, or
other entity, or any agent of any person, firm, partnership, corporation,
association, or any other entity who shall violate any provision of
this article shall, upon conviction, be sentenced to pay a fine of
not more than $1,000, together with the costs of prosecution, and
in default of payment of such fine and costs shall be subject to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
article continues shall constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article. It is hereby declared as the intent of the
Board of Commissioners that this article would have been adopted had
such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
