As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
DWELLING UNIT
Any single-family house, apartment in a duplex or multiple-family
structure or other living quarters of whatsoever kind.
OWNER
Any person who alone, or jointly or severally with others,
shall have legal title or equitable title to any building, structure
or premises with or without accompanying actual possession thereof
and shall include his duly authorized agent or attorney, a purchaser,
devisee, fiduciary and any person having a vested or contingent interest
in the property in question.
PERSON
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. "Person"
shall also include an executor, administrator, trustee, receiver or
other representative appointed according to law. Whenever the word
"person" is used in any section of this chapter prescribing a penalty
or fine, as to partnerships or associations, the word shall include
the partners or members thereof, as to corporations, shall include
the officer, agents or members thereof who are responsible for any
violation of such section.
TENANT
Any person other than the owner occupying a building pursuant
to a written, oral or implied lease, or pursuant to written, oral
or implied permission of the owner.
No building, or part thereof, may hereafter be used or occupied, until such time as the owner or his agent or the tenant has secured an occupancy permit to be issued by the Borough Code Enforcement Officer or his authorized representative. With the exception of dwelling units (see §
198-9), buildings presently occupied prior to the enactment of this chapter shall not be subject to the occupancy permit requirements of this chapter until such time as there is a change in the owner or tenant of the building. It shall be unlawful to change owners or tenants of a building unless an occupancy permit has been issued by the Borough Code Enforcement Officer or his authorized representative prior to said change stating that the building land or premises conform to the requirements of the building and fire codes.
[Amended 10-11-1994 by Ord. No. 1959; 12-30-1996 by Ord. No. 2059; 12-30-2002 by Ord. No. 2230; 12-30-2008 by Ord. No. 2400]
Fees as set by resolution of the Borough Council shall be charged
for the following:
A. An inspection fee for the preliminary inspection.
B. An additional inspection fee for the full-scale building inspection.
C. An inspection fee for the three-year rental unit inspection provided for in §
198-4H.
D. In the event application for an occupancy permit is not filed prior
to the date of change in ownership or tenancy, an inspection fee shall
be charged for the preliminary inspection.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The Borough Secretary, on behalf of the Borough of Millvale,
shall collect and receive the fees and fines imposed by this chapter,
and shall maintain records showing the amounts received and the date
such amounts were received. The Borough Secretary shall issue all
forms necessary for the administration of the ordinance and shall
supervise the Borough personnel charged with carrying out the inspections.
The Borough Secretary or the authorized representative of the Borough
may examine the records of any owner, rental agent or tenant to ascertain
the accuracy of any application for occupancy permits. Every owner,
rental agent or tenant shall give the Borough's Secretary or
the authorized Borough representative all means, facilities and opportunity
for the examinations of records and inspections hereby authorized
by this chapter.
Any ordinance or part of ordinance conflicting with the provisions
of this chapter be and the same is hereby repealed insofar as the
same affects this chapter, with the following exception: Ordinance
No. 1474, adopted on July 8, 1980, is specifically saved from repeal
for purposes of enforcement as to any dwelling unit in which there
has been a change in ownership or tenant from July 8, 1980, through
the date of the adoption of this chapter.