[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.
A.
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.
B.
The Borough will issue the certificate of occupancy as soon as practicable
but no later than two weeks after completion of a satisfactory inspection.
A.
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,[1] Borough Property Maintenance Code,[2] and the 1998 International Property Maintenance Code.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
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
B.
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.
