A.
Zoning use permit: a written document detailing the specific use of the commercial property relative to any business or businesses occupying the property. Said permit is to be issued by the Zoning Officer when the use of the property is found by said Zoning Officer to conform with approved uses as defined in the Zoning Code. If the intended, requested, or existing use is not a use permitted in Chapter 175, "Zoning Code," barring any exemption as set forth below, the owner/agent may apply to the Zoning Hearing Board for a variance to approve the nonconforming use.
(1)
Nonconforming uses established prior to the 1997 adoption of the
Zoning Ordinance remain viable and legal uses thereof. However, if
a new use varies in any manner from the prior use, it thereby may
become a nonconforming use, in which case said use must be approved
by the Zoning Hearing Board for nonconforming use variance.
No person shall occupy a building or unit thereof without first
obtaining a certificate of occupancy for the permitted zoning use
in accordance with standards of the UCC.
A certificate of compliance is required for all commercial properties
as defined herein whether fully occupied, partially occupied, or unoccupied.
A.
For a mixed-use property with residential rental units for which there is an active housing permit, the provisions of Chapter 134, Residential Rental Property, with regard to certificates of compliance and compliance inspections shall also apply for the residential units under the housing permit.
B.
For a mixed-use property with residential units that are unoccupied
and do not have active housing permits, the provisions of this chapter
with regard to certificates of compliance and compliance inspections
shall apply.
A.
A certificate of compliance shall be maintained by the property owner
and/or manager, shall be available for review by any tenant, and shall
be produced upon request by any City or government official acting
in an official capacity.
A.
Every property owner subject to this chapter who is not a full-time
resident of the City of Sunbury, and/or who does not live within 25
miles of the boundaries of the City of Sunbury, shall designate a
manager who shall reside in an area that is within 25 miles from the
City of Sunbury.
(1)
If the owner is a corporation, an officer of the corporation shall
perform the same function as a manager; however, a manager shall be
required if an officer of the corporation does not reside within the
above-referenced area.
(2)
If the owner is a partnership, a partner shall perform the same function
as a manager; however, a manager shall be required if a partner does
not reside within the above-referenced area.
(3)
If the owner is a limited-liability company, a member thereof shall
perform the same function as a manager; however, a manager shall be
required if a member thereof does not reside within the above-referenced
area.
(4)
In all cases as set forth herein, the manager shall be the agent
of the owner for service of process and receiving of notices and demands,
as well as for performing the obligations of the owner under this
chapter and under rental agreements with occupants.
(5)
The identity, address and telephone number(s) of a person who is
designated as manager hereunder shall be provided by the owner or
manager to the City, and such information shall be kept current and
updated as it changes.
B.
For purposes of this chapter, any notice or notification required
hereunder which is given to a manager or authorized agent of the owner
of a commercial building or premises shall be deemed as notice or
identification provided to the owner.
A.
Property maintenance standards administered and enforced in the City of Sunbury consist of the International Property Maintenance Code as adopted and amended by the City. (See Chapter 130, Property Maintenance.)
B.
Any owner shall be required to maintain their premises, and shall
be legally liable therefor despite the existence of any manager/agent
relationship or any tenant lease agreement.
A.
The number of persons, tenants and/or guests; business employees
and/or invitees; patrons or businesses occupying a commercial property
shall not create conditions that, at the discretion of the Code Administration
Officer, endanger the life, health, safety or welfare of any occupants.
B.
The owner or manager shall require that each occupant shall deposit
all rubbish, garbage and other waste from any rental unit into container(s)
provided by the owner or manager in a clean and safe manner and shall
separate and place for collection all recyclable materials in compliance
with the City of Sunbury's Recycling Ordinance[1] and all other applicable ordinances, laws and regulations.
C.
The owner shall remain at all times solely responsible for the removal
of such rubbish, garbage, or recycling materials.
D.
Owner shall allow access.
(1)
The owner and/or manager shall allow any and all agents, employees,
and/or representatives of the City access to the premises, and to
any owner-occupied unit and/or rental unit situate thereon, in order
to enable the City to make any examinations and investigations that
it deems necessary and proper.
(2)
The owner and/or manager shall further allow the City and any of
its agents, employees, and/or representatives to take any compliance
action authorized by this chapter or by an order of the Board of Health.
(3)
No owner and/or manager shall obstruct, impede or otherwise interfere
with the entry and actions of the City or of its agents, employees,
and/or representatives. If entry is refused or not obtained, the City
and its agents are authorized to pursue recourse as provided by law,
including, but not limited to, seeking the issuance of a search warrant,
with the cost of such warrant to be borne by the owner thereof.
The following requirements must be met prior to issue and renewal
of any certificate of compliance, with the exception of those commercial
buildings which meet the criteria of "exempt buildings" as set forth
below:
Those buildings which are either subject to the City of Sunbury Code Chapter 134, Residential Rental Property, or are otherwise subject to professional structural integrity and firesafety inspections within the previous three years (with the provision of appropriate inspection reports) shall be deemed exempt from the necessity of undergoing a commercial property inspection as described herein. There shall be available to the public at all times a form for the purpose of seeking the aforesaid commercial property inspection ordinance exemption.
A.
Compliance inspection by Code Enforcement Officer. A compliance inspection
is required prior to the initial issue of any certificate of compliance
and every three years thereafter for renewal.
B.
Every zoning use permit and certificate of occupancy must be verified
by a Code Enforcement Officer.
C.
The owner and/or manager must provide proof of fire insurance (in
an amount necessary to provide complete demolition and removal of
all debris) relative to the subject property for protection of the
health, safety, and welfare of the citizens of the City of Sunbury
should any subject building be destroyed by fire.
D.
Payment of fees as set by council. No certificate of compliance shall
be issued or renewed until all requisite fees have been paid by the
owner or manager.
E.
A certificate of compliance will not be issued or renewed if the
applicant has delinquent taxes as defined herein, sewer/water fees,
or has any outstanding fines and costs arising from code enforcement
relative to the subject property.
F.
Each certificate of compliance shall be nontransferable, and a new
compliance inspection shall be required to issue a certificate of
compliance to a new owner.
G.
Disclaimer of liability. The issuance of a certificate of compliance
or a temporary certificate of compliance shall not impose any liability
upon the City for any errors or omissions which resulted in the issuances
of such certificate, nor shall the City be responsible for any liability
not otherwise imposed by law.
A.
Inspections for the purpose of issuance of a certificate of compliance
or renewal thereof shall be conducted during normal business hours
of the commercial building and/or at the time when the businesses
and/or commercial tenants have their hours of operation; or at a time
mutually agreed upon by the Code Enforcement Officer and the property
owner or owner's manager/agent.
B.
Any and all inspections for the renewal of any certificate of compliance
may be performed anytime within the month said inspection is due,
at a date and time set by the Code Administration Office in coordination
with the owner/manager of said property.
C.
Each Code Enforcement Officer shall use a standard inspection checklist,
which standard list shall be available to the public.
D.
Within seven days of each completed inspection, the Code Enforcement
Officer shall provide the owner/manager with a written inspection
report which shall include the following information:
E.
If no violations are identified during the relevant inspections,
and a determination is made by the Code Enforcement Officer that a
commercial property is in compliance with all applicable City ordinances,
codes and regulations, and with all applicable laws of the commonwealth
and regulations thereof, as verified by the Code Administration Office,
a certificate of compliance for the property shall be issued or renewed.
F.
If violations are found by the Code Enforcement Officer, a finding of violations in a written report, which findings shall be administered and enforced according to § 132-14 below, entitled "violations and penalties," and a date/time for reinspection shall be scheduled.
(1)
The Code Enforcement Officer's written report shall serve as due notice in accordance with Chapter 130, Property Maintenance.
(2)
Additional future notices of said violation, or additional notice
of future violations of the same specific type, shall not be necessary
for a period of one year following the most recent notice of said
violation.
(3)
Any and all required permits shall be obtained for repairs/renovations.
G.
Payment of fees as set by Council. No inspection shall be determined
complete until all requisite fees, as set from time to time by City
Council, are paid by the owner/manager of said property.
A.
The City Code Enforcement Officers shall have the power and authorization
to conduct inspections in the event of any complaint or concern registered
by any person, or at the Code Enforcement Officer's own discretion
based upon reasonable concern for violations, relative to the public
safety, health and welfare, and/or other valid reasons, including
but not limited to:
(1)
A complaint received by the City, any law enforcement officer, or
by the Code Enforcement Officer, indicating that there is a violation
of any ordinance adopted by the City or of Pennsylvania law or regulation;
or
(2)
An observation by any law enforcement officer or the Code Enforcement
Officer of a violation of the standards or the provisions of any ordinance
adopted by the City or of Pennsylvania law or regulation; or
(3)
A report or observation of a commercial property that is unoccupied
and unsecured or a commercial property that is damaged by fire or
other incident; or
(4)
The failure to register or comply in any manner with the provisions
of this chapter; or
(5)
By resolution of the Board of Health; or
(6)
The need to determine compliance with a notice or an order issued
by the City or by its Board of Health; or
(7)
An emergency observed or reasonably believed to exist; or
(8)
A request for an inspection by the owner/manager; or
(9)
A police response to alarm or criminal activity as reported by the
Sunbury Police Department or another applicable agency.
B.
The Code Enforcement Officer will give each owner/manager/occupant
24 hours' notice prior to inspection, except in the case of an
emergency.
(1)
In the case of an emergency, the Code Enforcement Officer shall be
permitted to inspect the commercial building during the time thereof
for any violations which may be present.
D.
Any finding of violations during an inspection for cause shall be
administered and enforced according to the section below relative
to violations and penalties.
A.
Violations. In the event that any violations are found to exist during
any inspection conducted for any reason, the Code Enforcement Officer
shall have the authority to take whatever action is necessary under
the applicable code in order to protect the health, safety, and welfare
of the public and the owners, managers, tenants, patrons and/or occupants
of said commercial property, including, but not limited to, temporary
or permanent closure of said building.
(1)
Violations that do not pose a significant/immediate threat to health
and safety shall be treated as follows:
(a)
The Code Enforcement Officer shall provide a written notice
thereof to the owner/manager of the property, including a time frame
to correct any violations; and
(b)
The Code Enforcement Officer may issue a temporary certificate
of occupancy pending correction of noted violations, the time frame
for which shall be up to 30 days; and
(c)
The Code Enforcement Officer shall schedule a date for reinspection.
(2)
Violations that may pose a serious threat to health and safety shall
be treated as follows:
(a)
No certificate of occupancy will be issued until all violations
are corrected; and
(b)
The time frame for correction may be as short as 24 hours; and
(c)
Occupants may be required to vacate the property until any and
all repairs are made; and
(d)
The Code Enforcement Officer shall schedule a date for reinspection.
(3)
Violations causing the building to be declared unfit for human habitation
shall be treated as follows:
(a)
The Code Enforcement Officer shall issue a written notice of
the same to the owner/manager of said property, indicating the aforementioned
indication of unfitness and informing the owner/manager that any and
all occupants of said property must immediately vacate the same; and
(b)
Any certificate of compliance shall be denied, nonrenewed, suspended,
or revoked.
B.
Penalties. The failure of any owner to correct violations in the
time specified in the notification will result in the issuance of
a citation against said owner by the Code Enforcement Officer, and
upon conviction a fine shall be not more than $1,000, plus costs of
prosecution, or 90 days in prison, or both. Further, each day a violation
continues may be considered a separate violation and may be cited
as such.
C.
Nothing within this section shall serve to hamper the rights of the
Code Enforcement Officers of the City of Sunbury to take any and all
necessary legal action to force the abatement of any violation and/or
nuisance which is discovered by the Code Enforcement Officers as a
result of any information received or observed, including but not
limited to the temporary or permanent closure of the commercial building,
or any other rights or remedies which are permissible under any other
code or ordinance of the City of Sunbury or law of the Commonwealth
of Pennsylvania.
A.
The Code Enforcement Officers shall be authorized to take disciplinary
action against an owner, including revocation of a certificate of
occupancy, upon finding that:
(1)
The certificate is being used at a location other than that for which
it was issued; or
(2)
The property is being used for purposes which are new or in addition
to the existing approved use and/or which are in a different uniform
classification than the uses approved under the current certificate
of occupancy; or
(3)
Violation of any provision of this chapter; or
(4)
Failure to correct existing violations as directed by the Code Enforcement
Officer; or
(5)
The prevention, by any owner, tenant or authorized agent of either,
of the Code Enforcement Officer from conducting an inspection; or
(6)
There has been a false statement or misrepresentation of a material
fact upon which the certificate was issued or renewed.
B.
Nonrenewal: the denial of the privilege to apply for a certificate
of compliance renewal after expiration of the current term.
(1)
The City will allow the owner to maintain occupants in the premises
until the end of the term but will not accept applications for renewal
until a time set, and upon criteria set, by the Code Enforcement Officer
or by the Council of the City of Sunbury; and
(2)
Occupants must vacate at the end of the term if the certificate of
compliance has not been renewed as of the end of the term.
C.
Suspension: The immediate loss of the privilege to hold a certificate
of compliance for a period of time set by the Code Enforcement Officer
or City Council.
(1)
Upon suspension, the building shall be closed and the owner shall
take immediate steps to evict the occupants.
(2)
The owner, after the expiration of the suspension period, may apply
for reinstatement through the same process as would be followed for
renewal without the need to show cause why the owner's privilege
should be reinstated.
D.
Revocation: The immediate loss of the privilege to hold a certificate
of compliance for a period of time set by the Code Enforcement Officer
or the City Council; coupled with the loss of the privilege to apply
for reinstatement of the certificate of compliance at the expiration
of the time period until cause can be shown as to why the owner's
privilege should be reinstated.
(1)
Upon the loss of the privilege to hold a certificate of compliance,
the building shall be closed and the owner shall take immediate steps
to evict the occupants.
E.
Formal warning: written notice of intent to initiate any of the above
disciplinary actions.
F.
Notice of disciplinary action: written notice of disciplinary action
taken and effective dates thereof, to include the parameters of the
disciplinary action taken and the advisement of the owner's right
to appeal the same.
G.
Right to appeal. An owner may appeal any disciplinary action taken
against him or her to the Sunbury City Council within 30 days of the
effective date of the disciplinary action. Tenants may continue to
occupy the building during the appeal process unless a serious threat
to health and safety of occupants exists.
In case the owner of any property shall neglect, fail, or refuse
to comply with any notice from the Code Enforcement Officer to correct
a violation under any code in effect in the City of Sunbury within
the period of time stated in such notice, the City may cause the violation
to be corrected. In said case:
A.
There shall be imposed upon the owner a charge of the actual costs
involved, plus 10% of said costs for each time the City shall cause
a violation to be corrected, and the owner of the premises shall be
so charged after the same has been completed; and
B.
Any such bill which remains unpaid and outstanding after the time
specified therein for payment shall be grounds for the imposition
of a municipal lien upon the premises as provided by law; and
C.
Any such lien may be reduced to judgment and enforced and collected
as provided by law, together with interest at the legal rate, plus
court costs and reasonable attorney's fees; and
D.
The remedies provided by this section are not exclusive, and the
City and its Code Enforcement Officer may invoke such other remedies
available under this chapter or other applicable codes, ordinances
or statutes, including, where appropriate, condemnation proceedings
or declaration of premises as unfit for habitation; or suspension,
revocation or nonrenewal of the permit or certificate issued hereunder.
