[HISTORY: Adopted by the Borough Council of the Borough of Ridley Park 2-20-2007 by Ord. No. 1173. Amendments noted where applicable.]
Any individual, firm, corporation, partnership, governmental authority, association, or other entity which owns residential real property including, without limitation, property consisting of single and multiple dwelling units, situate within the Borough of Ridley Park and who desires to sell or lease such property, shall first obtain a certificate of occupancy from the Housing Officer or Code Enforcement Officer of Ridley Park Borough and provide a copy of such certificate to the buyer at settlement.
No change of occupancy or ownership shall be made in any existing building, structure or portion thereof or any land without first obtaining a certificate of occupancy from the Housing Officer or Code Enforcement Officer of Ridley Park Borough.
An application for issuance of a certificate of occupancy shall be submitted to the Borough Housing Officer or Code Enforcement Officer at least 30 days prior to the date of settlement. The application shall include the name of the seller or landlord and the address of the property as well as a description of the current and intended uses of the property.
The Borough will issue the certificate of occupancy as soon as practicable but no later than two weeks after completion of a satisfactory inspection.
Prior to issuing a certificate of occupancy, the Borough Housing Officer or Code Enforcement Officer shall inspect the subject property for compliance with all applicable Borough ordinances and uniform codes adopted by the Borough, including but not limited to the Borough Housing Code, Borough Property Maintenance Code, and the 1998 International Property Maintenance Code.
Upon completion of the inspection, the Housing Officer or Code Enforcement Officer shall record any identified code violations on a form for this purpose and provide a copy of the form to the owner or agent of the owner. Code violations shall be corrected within the time frame set by the Housing Officer or Code Enforcement Officer.
No property regulated by this chapter shall proceed to settlement or lease unless a final or provisional property transfer permit has been issued to the owner by the Housing Officer or Code Enforcement Officer.
A final property transfer permit shall be issued, provided the property is free and clear of any code violations noted on the inspection form by the Housing Officer or Code Enforcement Officer.
At the discretion of the Housing Officer or Code Enforcement Officer and subject to such conditions as he may impose, a provisional property transfer permit may be issued in circumstances in which correcting the violations cannot be accomplished prior to settlement. The provisional property transfer permit shall indicate the party (buyer or seller), who shall take responsibility for correcting the violations and provide for a time frame for corrections not to exceed 180 days. The responsible party or responsible party's agent shall schedule a follow-up property inspection with the Housing Officer or Code Enforcement Officer no later than 15 days following the one-hundred-eighty-day period for correcting violations.
In no circumstance shall a provisional property transfer certificate be issued if any of the code violations render the property unfit for habitation.
A fee for the issuance of the certificate of use and occupancy shall be charged pursuant to the fee schedule authorized by the Borough Council and posted in the Borough Administrative Offices.
Failure of any individual, firm, corporation, partnership, governmental authority, association, or entity to comply with the regulations of this chapter may result in the following penalties:
Each violation continuing for a separate day after notice by the Borough and each violation of any provision of this chapter shall constitute a separate and distinct violation subject to a separate and additional fine of $1,000; and
Any person or entity that violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in an enforcement proceeding commenced by Ridley Park Borough, pay the fine prescribed by this chapter, plus all court costs, including reasonable attorneys' fees, incurred by Ridley Park Borough.
Nothing contained herein shall be deemed to waive any other remedy available to the Borough at law or in equity relating to code violations, all of which remedies are hereby expressly reserved.