A certificate of habitability shall be requested,
processed and issued in the following manner:
A. Application shall be made in writing by the owner or owner's
agent or representative to the Housing Code Officer prior to a change
in ownership or occupancy, requesting an inspection by the said enforcement
officer or designated representative or agency, specifying the premises
to be inspected, the location thereof, the name of the present owner(s)
and lessee(s) and the number of people who shall occupy the same.
The fee for such inspection shall be $100 and shall be tendered and
paid to the Township Clerk at the time of making the application.
[Amended 2-5-2018 by Ord.
No. 2018-2]
B. The requested inspection must be made within 10 business
days of receipt of a complete application and an inspection report
containing all existing violations as may be found of all Township
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.
C. 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 a period of time granted by the Code Enforcement
Officer or his or her representative, which period of time shall not
exceed 60 days beyond the date of purchase.
[Amended 8-1-2005 by Ord. No. 2005-17]
D. All violations which, in the judgment of the Code
Enforcement 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 must be corrected prior to any change in ownership
or occupancy.
E. One reinspection, if required, shall be performed without additional
fee. The fee for any subsequent reinspections that may be required
after the initial reinspection shall be $50 per reinspection. The
initial reinspection shall be within 30 days of the date of the inspection
report or as soon thereafter as the Inspection Officer can schedule
such reinspection in instances where the prospective purchaser has
assumed responsibility for correction of violations.
[Amended 2-5-2018 by Ord.
No. 2018-2]
F. 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 habitability as appropriate
for the subject premises so qualifying, which shall be valid until
the next occurring change in ownership or occupancy or any subsequent
inspection by the Code Enforcement Officer or his representative shall
disclose ordinance violations, whichever occurs first.
G. Upon an inspection report being rendered without any violation being
disclosed or upon any disclosed violation being remedied and corrected
prior to inspection, the Code Enforcement Officer shall issue to the
applicant a certificate of habitability as appropriate for the subject
premises so qualifying, which shall be valid for 90 days or until
the next occurring change in ownership or occupancy or any subsequent
inspection by the Code Enforcement Officer or his representative shall
disclose ordinance violations, whichever occurs first.
[Added 5-6-2013 by Ord. No. 2013-6]
Any person affected by a decision rendered by
the Code Enforcement Officer in connection with the enforcement of
this chapter of the Code shall have the right to request an administrative
review, a review process conducted by the administrative panel that
shall consist of the Township Administrator, the Township Zoning Officer,
and the Township Construction Code Official. Written request of an
administrative review shall be requested by applicant within 10 days
of the date of the Code Enforcement Officer's determination. Upon
receipt of applicant's administrative review request, the administrative
panel shall have 10 business days to render a decision and forward
same in writing to applicant. A majority of the administrative panel
shall affirm or reverse the decision appealed from, in whole or in
part, or may modify the decision as so determined by the administrative
panel.
The Township shall not, by the performance of
inspections and reinspections required hereby, become or be considered
to be a guarantor to any owner, purchaser, tenant, lessee or other
person as to the condition of any building, unit or premises inspected,
or a participant in any contractual relationship between any persons
or parties as to same.
Any person who shall be the owner, purchaser, tenant or lessee, or the agent or representative of such persons and who shall transfer, sell, buy, lease or otherwise change the ownership, title or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of habitability shall be subject to the penalty set forth in §
1-14, the general penalty provisions of the Delanco Township Code.
It shall be the duty and responsibility of the
Housing Code Enforcement Officer to enforce the provisions of this
chapter.