[HISTORY: Adopted by the Council of the City of Coatesville 10-10-1989 by Ord. No. 845-89 as Ch. 145 of the 1989 Code. Amendments noted where applicable.]
Chapter 214 of the Code of the City of Coatesville, Chester County, Pennsylvania, shall be known and may be cited as the "City of Coatesville Use Registration Ordinance."
This chapter is enacted by authority of the Act of 1976, June 23, P.L. 400, No. 89, and for the purposes therein set forth as legislative findings by the General Assembly of the Commonwealth of Pennsylvania.
Editor's Note: See 21 P.S. § 611 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- AGREEMENT OF SALE
- Any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner and shall include inter alia written leases which contain options to purchase the leased property and leases which provide that the lessee of the property shall acquire title thereto after the payment of a stipulated number of regular rent payments or after a stipulated period of time.
- APPROPRIATE MUNICIPAL OFFICER
- The Code Enforcement Officer of the City of Coatesville.[Amended 3-25-1996 by Ord. No. 1012-96]
- Any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. Whenever used in any clause prescribing or imposing a penalty, the term "owner," as applied to copartnerships and associations, shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
- Any building or structure situate in the City of Coatesville, except buildings or structures used, designed or intended to be used exclusively for single-family or two-family occupancy, churches or other places of religious worship, except that for the purpose of certification or statements regarding notices of housing, building, safety or fire violations, the word "property" shall include all buildings or structures.
It shall be unlawful for any owner to sell or transfer his or her property or any interest therein unless the owner shall first deliver to the purchaser at or prior to the time for settlement a certification of the zoning district classification, issued by the appropriate municipal officer, indicating the zoning classification and the legality of the existing use of the property to be sold.
It shall be unlawful for an owner to sell or transfer his or her property or any interest therein unless the owner shall first deliver to the purchaser at or prior to the time for settlement a certificate, issued by the appropriate municipal official, disclosing whether there exists any notice of an uncorrected violation of the housing, building, safety or fire ordinances.
It shall be unlawful for an owner to sell or transfer his property or any interest therein unless the owner shall first deliver to the purchaser at or prior to the time for settlement a certificate for all gas/oil heating equipment.
[Amended 2-23-2009 by Ord. No. 1319-2009]
Every owner shall insert in every agreement for the sale of property a provision showing the zoning classification of such property and stating whether the present use of the property is in compliance with or in violation of zoning laws and ordinances, and every owner shall insert in every agreement for the sale of property a provision disclosing whether there exists any notice of an uncorrected violation of the housing, building, safety or fire ordinances.
If any owner fails to include any provisions required by this chapter in an agreement, for the sale of property, then in any action, at law or in equity, instituted by a purchaser against an owner, it shall be conclusively presumed that the owner, at the time of the signing of such agreement, represented and warranted to the purchaser that such property was being used in compliance with the then existing zoning laws and ordinances and that there was no uncorrected violation of the housing, building, safety or fire ordinances.
A certificate from the appropriate municipal officer certifying that the property has been approved or designated as a nonconforming use shall be deemed compliance with this chapter.
Any person aggrieved by the denial of an application for certification of his property as a nonconforming use may appeal to the Board of Use Registration Appeals.
A Board of Use Registration Appeals is hereby constituted for the purpose of hearing appeals from the decisions of the appropriate municipal official with respect to approval or designation of nonconforming uses in the City of Coatesville. The City Council shall appoint three members, who shall be residents of the City. The members who are first appointed shall serve for terms of one, two and three years, respectively, from the date of their appointment as shall be specified at the time of their appointment. Thereafter, the term of office shall be three years. A member shall hold office until his or her successor has been duly appointed and qualified. The members shall select from among themselves a Chairman.
The function of the Board of Use Registration Appeals shall be only to make determinations of legally existing nonconforming uses; it shall have no authority to establish or approve any new nonconforming use, grant variances or exceptions or to authorize any change in use.
The Board shall fix a time and place for the hearing of appeals, and such hearings shall be had within a reasonable time after filing the notice of appeal. Notice of the time and place of the hearing shall be sent by mail to the applicant or to his attorney of record, and such hearing shall not be less than 10 days after the mailing of such notice. The testimony may be stenographically recorded, and a full and complete record may be kept of the proceedings at the request of any party agreeing to pay the costs thereof.
All adjudication shall be in writing, shall contain findings and the reasons for the adjudication and shall be served upon all parties or their counsel personally or by mail.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his or her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
The Board may adopt such further rules of procedure which may be necessary and consistent with the provisions of this chapter.
The City Council shall act as the Board of Use Registration Appeals.
[Amended 5-28-1996 by Ord. No. 1012-96]
[Added 4-22-2013 by Ord. No. 1404-2013]
Any member of the Board of Use Registration Appeals absent from three or more consecutive regular meetings of the Board of Use Registration Appeals without an approved leave of absence granted by the City Council after public hearing and prior written notice thereof shall be removed from the Board of Use Registration Appeals by the City Council of the City of Coatesville.
Any member of the Board of Use Registration Appeals absent from 20% or more of the regularly scheduled meetings of the Board of Use Registration Appeals within any one-year period shall be notified in writing by the City Manager acting on behalf of the City Council of the attendance requirements of this subsection. Any member of the Board of Use Registration Appeals who is absent from 20% or more of the regularly scheduled meetings within a one-year period shall thereafter be removed for cause from such position by the City Council with prior written notice after public hearing unless such member resigns in writing or waives the public hearing in writing.
Any member of the Board of Use Registration Appeals may be removed for cause as determined by the City Council after public hearing and prior written notice thereof.
The provisions of this subsection shall not preclude the removal of any member of the Board of Use Registration Appeals without cause by the City Council when authorized by state law, City Charter or City ordinance.
[Amended 5-28-1996 by Ord. No. 1012-96]
A fee as provided in Chapter 108, Fees, is hereby established for the initial inspection under this chapter and one subsequent inspection for certification by the appropriate municipal officer indicating the zoning district classification, the legality of the existing use of the property to be sold and whether there exists any violation or any notice of an uncorrected violation of the housing, building, safety or fire ordinances. For each follow-up inspection or visit after the first two inspections or visits, an additional fee as provided in Chapter 108, Fees, per inspection or visit shall be imposed on the owner.
[Amended 2-23-2009 by Ord. No. 1319-2009]
A fee as provided in Chapter 108, Fees, is hereby established for an appeal to the Board of Use Regulation Appeals.
[Amended 5-28-1996 by Ord. No. 1012-96; 5-14-2001 by Ord. No. 1163-2001]
Any owner who shall violate any provision of this chapter or shall violate or fail to comply with any order made by the Codes Enforcement Official shall be, upon conviction thereof, sentenced to a fine of not more than $1,000, plus costs, or to a term of imprisonment not to exceed 90 days, or both such fine and imprisonment. Each day that a violation continues, following notice thereof, shall constitute a separate offense.