[Ord. 1205, 6/16/2005; as amended by Ord. 1241, 8/13/2007]
Prior to any change in ownership or occupancy of any house,
dwelling, apartment unit, rooming house unit, retail, commercial,
industrial or any other type of premises, by transfer of title or
the change of occupancy or tenancy, a certificate of approval shall
first have been obtained from the Code Enforcement Officer stating
that the building, or the specified portion thereof, complies with
the requirements of the Bristol Borough Property Maintenance Code
and all other codes and ordinances of the Borough of Bristol regulating
and governing matters of health, sanitation, maintenance and use of
any structure for human occupancy. This provision shall not apply
to changes of ownership or occupancy involving members of an immediate
family.
[Ord. 1205, 6/16/2005; as amended by Ord. 1241, 8/13/2007;
by Ord. 1253, 11/10/2008; and by Ord. 1295, 9/9/2013]
1. A certificate of approval shall be requested, processed and issued
in the following manner:
A. Application. Application shall be made, in writing, on a form provided
by the Borough, by the owner or the owner's agent or representative,
to the Code Enforcement Officer at least 30 days prior to a change
in ownership or occupancy, requesting an inspection by the inspector,
or his/her designated representative or agency, specifying the premises
to be inspected, the location thereof, the name of the present owners
and tenants and lessees, purchasers and the numbers of people who
shall occupy the building.
B. Fee. The fee for such inspection shall be in an amount as established,
from time to time, by resolution of Borough Council, per residential
unit and shall be paid to the Borough at the time of making the application.
Nonresidential units shall be charged by square footage based on a
fee schedule adopted by Borough Council. Borough Council shall have
the authority to change this fee by resolution.
C. Inspections. The requested inspection shall be made within seven
business days of receipt of a complete application, and an inspection
report containing all existing violations as may be found of all codes
and ordinances regulating and governing matters of health, sanitation,
maintenance and use of any structure for human occupancy, shall be
set forth as separate items by the inspecting official in a written
report, which shall be submitted to the person applying for the inspection.
D. Correction of Violations. All violations shall be corrected prior
to any change of ownership or occupancy, or in the alternative, may
be assumed by the prospective purchaser, on the condition that such
violations be corrected within 30 days from the date of such report,
or within any extension of such thirty-day period granted by the Code
Enforcement Officer, or his/her representative.
E. Safety Violations. All violations which, in the judgment of the inspecting
officer, pose a positive, clear and serious present or potential threat
to the health, safety or welfare of any present or potential occupant
shall be so designated upon the inspection report, and such violations
shall be corrected prior to any change in ownership or occupancy.
F. Reinspections. A single reinspection may be requested without additional
fee by the person making the original application within 30 days of
the date of the inspection report, and a reinspection shall be made
within 30 days of the date of the inspection report, or as soon thereafter
as the inspecting official can schedule such reinspection in instances
where the prospective purchaser has assumed responsibility for correction
of violations. However, any additional or later reinspection shall
only be made upon payment of a new inspection fee in an amount as
established, from time to time, by resolution of Borough Council,
per reinspection.
G. Issuance of Certificate. Upon an inspection report being rendered
without any violation being disclosed, or upon any disclosed violation
being remedied and corrected prior to reinspection, the Code Enforcement
Officer shall issue to the applicant a certificate of approval for
the subject premises so qualifying, which shall be valid until the
next occurring change in ownership, or any subsequent inspection by
the Housing Inspector, or his/her representative, which shall disclose
ordinance violations, whichever first occurs.
[Ord. 1205, 6/16/2005; as amended by Ord. 1295, 9/9/2013;
by Ord. 1305, 11/10/2014; and by Ord. No. 1365, 4/3/2023]
1. Any person,
firm or corporation who shall violate any provision of this Part,
upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs, or
not less than $100, and in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
2. In the
alternative, the Borough may pursue any civil action at law or equity
against any person, partnership or corporation who or which has violated
or permitted the violation of any of the provisions of this Part.
Upon being found liable therefor in a civil enforcement proceeding,
the defendant shall pay a judgment of not more than $1,000 plus all
court costs, including reasonable attorney fees incurred by the Borough
as a result thereof. Each day that a violation of this Part continues
which shall be found to have been violated shall constitute a separate
offense. All judgments, costs and reasonable attorney fees collected
for the violation of this Part shall be paid over to the Borough whose
ordinance has been violated.