[HISTORY: Adopted by the City Council of
the City of New Kensington 5-3-2004 by Ord. No. 3-04. Amendments noted where
applicable.]
It shall be unlawful to change ownership of
a building unless a certificate of occupancy and compliance shall
have been issued by the Code Enforcement Officer prior to the change
of ownership, stating that the building and land conform to the requirements
of the Grading and Zoning Ordinances and the Building and Fire Codes
as well as any other city ordinance or code.
The applicant may be the current owner or the
proposed new owner.
The applicant for the certificate required shall
notify the Code Enforcement Officer of the date upon which change
of ownership shall take place, and the Code Enforcement Officer shall
inspect the building within 10 days of such notice.
A.
Upon inspection of the premises to determine whether
or not a certificate of occupancy and compliance shall be issued,
if the Code Enforcement Officer shall find such premises in accordance
with the codes and ordinances of the City of New Kensington, a certificate
of occupancy and compliance shall be issued, provided that the Municipal
Sanitary Authority of the City of New Kensington has certified that
the premises complies with the stormwater separation ordinances and
regulations.
B.
A provisional certificate may be issued, subject to
correction of existing violations within a specified period of time,
unless the property is unfit for habitation.
C.
Written notice shall be given to the applicant stating
why a certificate of occupancy and compliance cannot be issued when
the Code Enforcement Officer finds that the premises is not fit for
habitation.
D.
Upon transfer of ownership of property, the current
owner shall produce and deliver a copy of the certificate of occupancy
and compliance to the new owner, including notice of any conditions
associated with the certificate.
A municipal lien letter shall not be issued
in the case of a change of ownership of residential property unless
a certificate of occupancy and compliance has previously been issued.
A certificate of occupancy and compliance may
be revoked or suspended by the Code Enforcement Officer if the Code
Enforcement Officer finds that the property owner has failed to comply
with conditions attached to the issuance of the certificate or if
the Code Enforcement Officer finds that the operation of the premises
or land fails to comply with the requirements of this chapter or any
other code or ordinance of the City of New Kensington, which failure
occurred after the change of ownership of the property.
[Amended 2-4-2009 by Ord. No. 1-09; 12-2-2014 by Ord. No. 4-14]
The fee for the issuance of the certificate
of occupancy and compliance shall be $75, which shall be paid to the
order of the City of New Kensington at the time the applicant applies
for an inspection.
A penalty or fine not exceeding $600 and costs
shall be imposed against any person who violates any provision of
this chapter. Such penalty or fine shall be in addition to any penalty
or fine imposed for violation of any building, housing, property maintenance,
fire prevention, electrical, plumbing or zoning ordinance or the violation
of the Municipal Code and Ordinance Compliance Act 68 P.S. § 1081.
