[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence 5-24-1990 by Ord. No. 350. Amendments noted where applicable.]
Except as otherwise provided in this chapter, whenever there is a proposed change of ownership of any residential building or part thereof, such change of ownership shall not be made unless a certificate of compliance has been issued by the Lower Providence Township Code Enforcement Officer, dated not earlier than three months prior to the change of ownership. The term "residential building," as used in this chapter, shall include single-family homes, duplexes, apartments, cooperative apartments and condominiums. In order not to delay or impede a pending change of ownership, the Code Enforcement Officer may issue a temporary certificate of compliance if the code and/or ordinance violations existing at the time of the change of ownership are not an immediate and imminent threat to the health or safety of the owners, the tenants or the occupants of the property in question. In the event that a temporary certificate is issued, the former owner (seller) and the new owner (buyer) shall agree, in writing, to be jointly and severally liable and responsible for correcting all code and/or ordinance violations set forth by the Code Enforcement Officer within such time as shall be established by the Code Enforcement Officer. Buyer and seller shall also agree to escrow, at settlement, an amount of money as agreed to by the Code Enforcement Officer as financial security for the correction of said noncomplying conditions.
A certificate of compliance shall be issued by the Code Enforcement Officer after an inspection of the premises discloses that the premises are in compliance with the Code of Lower Providence Township and all applicable ordinances. Compliance with the provisions of said ordinances shall be met if the provisions of the respective ordinances in effect at the time of the inspection are met or if the provisions of the ordinances in effect at the time the original permit was issued for a particular construction or installation were met. Where there is compliance with the ordinance in effect at the time a permit was issued but there is no compliance with the current ordinance and a hazardous condition endangering health or safety presently exists, the Code Enforcement Officer shall issue a noncompliance notice setting forth the hazardous condition.
If an inspection by the Code Enforcement Officer discloses noncompliance with the Code of Lower Providence Township or with any of the applicable ordinances, said officer shall issue a noncompliance notice setting forth the areas of noncompliance and stating that the premises shall be brought into compliance within 30 days or a reasonable time thereafter. When a subsequent inspection discloses compliance, a certificate of compliance shall be issued. If there is continual noncompliance after the time limit established, no new occupancies will be permitted.
A certificate of compliance indicates that so far as can be reasonably determined by a visual inspection of the premises and a review of township records and ordinances, the premises meet the requirements of the Code of Lower Providence Township and all applicable ordinances. Neither the township nor the Code Enforcement Officer assumes any liability in the inspection or the issuance of a certificate of compliance and by the issuance of a certificate of compliance does not guarantee or warrant the condition of the premises inspected.
[Amended 6-16-2005 by Ord. No. 526]
The required fee shall be paid to the Township for inspection of the premises prior to the issuance of a certificate of compliance; which fee shall be paid at the time of applying for such inspection.
The Lower Providence Township Code Enforcement Officer shall provide the forms for:
Any owner or occupant or proposed new occupant aggrieved by the issuance of a noncompliance notice based upon any issue other than zoning noncompliance may appeal to the Board of Supervisors by following the procedure established under the statutes of this commonwealth and the rules and regulations of the Board. In the event that the noncompliance certification is based on a Zoning Ordinance noncompliance, the aggrieved party may appeal the decision to the Lower Providence Township Zoning Hearing Board.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than $50 nor more than $300 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.