[HISTORY: Adopted by the Borough Council
of the Borough of Glenolden 11-19-2019 by Ord. No. 2131, approved 11-19-2019[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See
Ch. 54.
Unsafe buildings — See Ch. 56.
Housing standards — See Ch. 93.
Zoning — See Ch. 162.
[1]
Editor's Note: This ordinance also repealed former Ch. 61,
Certificates of Occupancy, which comprised Art. I, Requirements for
Sale of Property, adopted 5-12-1988 by Ord. No. 932, approved 5-12-1988.
The purpose of this article is to update the Borough of Glenolden's
requirements for a certificate of occupancy to comply with the requirements
and provisions of 68 P.S. § 1081, known as the "Pennsylvania
Municipal Code and Ordinance Compliance Act" ("MCOCA").[1]
[1]
Editor's Note: See 68 P.S. § 1081 et seq.
As used in this article, the following terms are defined as
follows, unless the context clearly indicates otherwise:
The date on which title and right to possess the property
transfers to the purchaser or, in cases where the property is sold
pursuant to the act of May 16, 1923, referred to as the "Municipal
Claim and Tax Lien Law," the first day following the right of redemption
period authorized under the Municipal Claim and Tax Lien Law.[1]
Any individual, firm, corporation, association, partnership
and/or other legal entity.
A violation of an adopted building, house property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
make a building, structure or any part thereof unfit for human habitation
and is discovered during the course of a municipal inspection of property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a municipal report.
A certificate issued by the Borough as a result of the inspection
of a property incident to the resale of the property that identifies
at least one substantial violation, and the purpose of the certificate
is to authorize the purchaser to access the property for the purposes
of correcting substantial violations pursuant to the maintenance and
repair provision of this act. No person may occupy a property during
the term of a temporary access certificate, but the owner shall be
permitted to store personalty that is related to the proposed use
or occupancy of the property or is needed to repair the substantial
violations during the time of the temporary access certificate.
A certificate issued by the Borough as a result of an inspection
of a property incident to the resale of the property that reveals
a violation but no substantial violation and the purpose of the certificate
is to authorize the purchaser to fully utilize or reside in the property
while correcting violations.
A condition which renders a building or structure, or any
part thereof, dangerous or injurious to the health, safety or physical
welfare of an occupant or the occupants of neighboring dwellings.
The condition may include substantial violations of a property that
show evidence of a significant increase to the hazards of fire or
accident; inadequate sanitary facilities; vermin infestation; or a
condition of disrepair, dilapidation or structural defects such that
the costs of rehabilitation and repair would exceed 1/2 of the agreed-upon
purchase price of the property.
A certificate issued by the Borough stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
A violation of a properly adopted building, housing, property
maintenance or fire code or maintenance, health or safety nuisance
ordinance that does not rise to the level of a substantial violation
and is discovered during the course of a Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough inspection report.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
No person, unless otherwise excepted by Pennsylvania law or § 61-5 below, shall occupy any lot or portion of any lot, dwelling, dwelling unit, building, building unit, office or business or storage unit in the Borough of Glenolden, and no person owning any dwelling, dwelling unit, lot, building, building unit, office or storage unit shall lease, rent or allow such dwelling, dwelling unit, lot or any portion of such lot, building, building unit, office, business or storage unit to be occupied by another without each first making application to and obtaining from the Borough Council or its designated agent a certificate of occupancy for such dwelling, dwelling unit, lot or portion of lot, building, building unit, office, business or storage unit.
B.
Fees.
(1)
A fee for the certificate of occupancy shall be paid by each applicant
upon or before the issuance of the following: certificates for single-family
dwellings, apartment dwelling units, all other lots, buildings, building
units, offices, business or storage units commercial or industrial,
and follow-up inspections.
(2)
Fees for certificates of occupancy shall be fixed by resolution of
the Borough Council and may be amended from time to time.
C.
Owners of existing structures that do not have a valid use and occupancy
certificate shall complete an application for use and occupancy certificate,
pay the applicable fees and schedule an inspection with the Code Official
or its designee.
The Borough of Glenolden shall issue certificates in the following
manner:
A.
If the Borough inspection reveals no deficiencies or violations a
use and occupancy certificate will be issued.
B.
If the Borough inspection reveals at least one deficiency or violation,
but no substantial violations, the Borough will issue a temporary
use and occupancy certificate.
C.
If the Borough inspection reveals at least one substantial violation,
the Borough will specifically note those substantial violations on
the inspection report and will issue a temporary access certificate.
D.
Any deficiencies, violations or substantial violations revealed by
an inspection shall be identified by the Borough, in writing, and
shall accompany the certificate that is issued.
The Borough will not require the escrowing of funds, the posting
of a bond or require a similar financial security as a condition of
issuing a certificate; however, the Borough may require an owner or
purchaser, prior to accessing the property, to acquire the necessary
permits and meet all other related obligations in other statutes that
pertain to building, property maintenance, fire codes or other health
and safety codes. This section shall not be construed to prohibit
the Borough from requiring an owner, prior to accessing the property,
to acquire the necessary permits and meet all other related obligations
in other statutes that pertain to building, property maintenance,
fire codes or other health or safety codes.
A.
Except as set forth in Subsection B, this chapter shall not apply to, and the Borough will not require, a use and occupancy certificate, a temporary use and occupancy certificate or temporary access certificate for real estate transfer, including a residential or nonresidential transfer as provided under 68 Pa.C.S.A. § 7103(b)(2), to any of the following which take title to the property for the purposes of holding the property for sale to offset losses incurred on a loan or other obligation in default secured by a mortgage, deed of trust or other lien on the property:
A.
Within 12 months of the date of purchase, the purchaser of a property
known to be in violation of a Borough Code or ordinance shall, at
the purchaser's option, either:
B.
At the request of the property owner, the municipality may negotiate, at its discretion, longer time periods for maintenance and repair of the structure under a temporary certificate, but the time periods stated in Subsection A may not be shortened.
C.
Reinspection of property.
(1)
At the expiration of the twelve-month compliance period or before
that time, if requested by the property owner, the Borough will reinspect
the property for the purpose of determining compliance with the cited
violations.
(2)
If a temporary access permit has been issued and inspection indicates
that the noted substantial violations have been corrected but other
cited violations have not yet been corrected, the Borough shall issue
a temporary use and occupancy permit to be valid for the time remaining
on the original temporary access permit.
(3)
If the reinspection indicates that all noted violations have been
corrected, the Borough shall issue a use and occupancy certificate
for the property.
D.
Violation of § 61-6A shall result in:
(1)
Revocation of the temporary certificate;
(2)
The purchaser being subject to any existing Borough ordinances or
codes relating to the occupation of a property without a use and occupancy
certificate; and
(3)
The purchaser being personally liable, for the costs of maintenance,
repairs or demolition sufficient to correct the cited violations,
a fine of not less than $1,000 nor more than $10,000.
E.
Exception. A violation of a municipal code or ordinance, for which
a fine, other penalty or a judgment to abate or correct was imposed
by a magisterial district judge or municipal court, or a judgment
at law or in equity was imposed by a court of common pleas prior to
purchase, shall not be subject to the requirements of this chapter.
The applicant shall promptly inform the Borough Secretary in
writing of any change made to a property which alters the information
provided in the application for a certificate of occupancy. Occupancy
or use of any dwelling, dwelling unit, building, building unit, office,
business or storage unit without first securing a certificate of occupancy,
temporary occupancy certificate or temporary access certificate shall
constitute a breach and a violation of this chapter, and violators
shall, upon conviction thereof, be punished by a fine of not more
than $600 and costs of prosecution or, upon the default of the payment
of such fine and costs, by imprisonment in the county jail for a term
of not more than 30 days. Each day's failure to comply with any provision
of this article shall constitute a separate violation thereof.
When the Code Official or Code Officer determines that there
exists a violation of any provisions of this chapter, he shall serve
written notice of such violation on the person or persons responsible
therefor, as hereinafter provided:
A.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
Be served upon the owner or his/her agent, as the case may require,
provided that such notice shall be deemed to be properly served upon
such person if a copy thereof is sent, by registered or certified
mail, to his/her last known address, or if he/she is served by any
other method authorized or required under the laws of this state.
B.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
Any section of this Chapter 61 which is inconsistent with 68 P.S. § 1081 et seq., known as the "Pennsylvania Municipal Code and Ordinance Compliance Act," shall not be enforced. The provisions of MCOCA shall prevail over any inconsistent provisions of this chapter, and same is hereby adopted by the Borough. Nothing herein shall be construed or intended to supersede any other Borough ordinances allowing for other fines and citations for the condition of the property, including violations on the inspection report, separate and apart from any failure to obtain a certificate of occupancy within 12 months from the date of purchase.
