In order to prevent undue hardships and losses imposed on such purchasers
by owners who have failed to reveal the illegal use or condition of the property
being conveyed or who have made misrepresentation in that regard, the City
Council of the City of Pottsville finds that it is in the best interest of
the citizens of the City of Pottsville to declare that all sellers of property,
as defined herein, shall be required to advise the purchaser of the legal
use and condition of such property and to deliver to the purchaser prior to
the execution of the agreement of sale for such property a use registration
certificate, obtained from the Code Enforcement Officer, showing the legal
use and district classification for such property and the existence of any
existing structure, building, safety, plumbing, electrical or fire violations.
As used in this chapter, certain words or terms are defined as follows:
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 includes, 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.
DISTRICT
Any jurisdictional area or zone as set forth in Chapter
220, Zoning.
HOUSING INSPECTOR
The Code Enforcement Officer or his designee of the City of Pottsville
Code Enforcement Office.
OWNER
Any person, corporation, copartnership, association 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 copartnership and association, means the partner or members thereof
and, as applied to corporations, the officers thereof.
PROPERTY
Any residential building or structure which shall be limited to multifamily
dwellings of three (3) or more units.
REGULATIONS
Includes regulations promulgated by the federal government and the
Commonwealth of Pennsylvania.
Upon application of the owner and the payment to the Code Enforcement
Office of a fee of fifty dollars ($50.), the Code Enforcement Officer or his
designee, within fifteen (15) days, shall review the pertinent records and
inspect the premises in question. Upon completion of the review and inspection,
the Code Enforcement Officer shall execute and deliver a use registration
certification to the owner which shall contain the following information:
A. The street address or other appropriate description of
subject property in question, together with an extract of the applicable ordinances
showing the use permitted within that district.
B. A statement of the variances and use permits, if any,
granted to that property, together with the conditions and restrictions of
such permits.
C. A statement as to whether any construction, electrical,
plumbing or building permits have been issued for work not yet completed on
those premises.
D. A statement as to whether there appears to be any nonconformity
or illegality in the structures on the property or the uses being made thereof.
This statement shall also indicate whether the property has been approved
or designated as a nonconforming use.
E. A detailed list of all violations of the existing structure,
building, plumbing, electrical, safety or fire ordinances and regulations.
Notwithstanding any other law or ordinance, the provisions of this chapter
may not be waived or disclaimed by any oral or written agreement executed
by any owner or purchaser.
The use registration certificate shall be compiled from the records
of the City of Pottsville Code Enforcement Office and from an inspection of
the property. The issuance of the use registration certificate is not a representation
by the City of Pottsville or office that the subject property or its present
use is or is not in compliance with the law. Neither the enactment of this
chapter nor the preparation and delivery of any certificate required hereunder
shall impose any liability upon the City of Pottsville or the Code Enforcement
Office for any errors or omission contained in such certificate, nor shall
the City of Pottsville or Code Enforcement Office bear any liability not otherwise
imposed by law.
Appeals from the findings set forth in the use registration certificate
must be filed in writing with the Code Enforcement Officer of the Code Enforcement
Office within three (3) days after issuance of the certificate, and the Officer
will refer the appeal as follows:
A. To the BOCA Code Board of Appeals where the conditions
reported constitute violations of the existing structure, building, plumbing,
electrical, safety or fire prevention code.
B. To the City of Pottsville Zoning Hearing Board where the findings set forth in the certification relate to matters concerning the classification and the use of property under Chapter
220, Zoning.