[HISTORY: Adopted by the Board of Supervisors of the Township of Concord 12-3-2002 by Ord. No. 271. Amendments noted where applicable.]
Any individual, partnership, corporation, governmental authority, company, association, trust, joint venture, unincorporated association, or other entity which owns improved residential or commercial real property situate within the Township of Concord and who desires to sell or lease such property shall first obtain a certificate of occupancy from the Office of Codes Enforcement of Concord Township and provide a copy of such certificate to the buyer at settlement or to the tenant at the time of commencement of the lease.
The Township Office of Codes Enforcement shall, when appropriate, pursuant to § 90-4 hereof, issue a certificate of use and occupancy which shall contain the following certifications:
A description of the Township zoning district classification applicable to the property or leasehold;
A statement by the Office of Codes Enforcement that there are no uncorrected violations of record of any ordinances, codes or regulations of Concord Township or Concord Township Sewer Authority on the property or leasehold.
All properties being sold or leased will be inspected by the Township Office of Codes Enforcement to:
Determine that all vertical curbs located on homeowners' sidewalks and used as public walks are in compliance with all codes and regulations and are not cracked, broken or dangerously uneven;
Determine that the seller or landlord has properly described the existing uses and that those uses comply with all ordinances, codes and regulations;
Determine that in commercial properties and all multifamily residential buildings all emergency exits, auxiliary power, smoke and carbon monoxide alarms are properly positioned and in good working order; and in residential properties that all smoke alarms are properly positioned and in good working order; and
[Amended 3-1-2005 by Ord. No. 291]
Any commercial, residential or agricultural building located within 150 feet of a Township sewer line must connect to the Township sewer system prior to issuance of the certificate of occupancy regardless of the condition of the on-lot sewage system.
[Added 3-1-2005 by Ord. No. 291]
Prior to the resale of any property within Concord Township, the sewer lateral for that property shall be inspected and/or televised by the Township. The property owner shall make all areas of the property to be inspected and/or televised available to the Township upon the Township's request.
[Added 11-1-2011 by Ord. No. 338]
If the inspection determines that the sewer lateral is in an unacceptable condition, the property owner shall be so notified in writing and the sewer lateral shall be repaired or replaced by the property owner, in accordance with the notice and the applicable rules and regulations of the Concord Township Sewer Department. All costs of repair and replacement shall be borne by the property owner. The Township shall confirm by inspection and/or televising that the sewer lateral has been satisfactorily repaired or replaced once notified of the repairs or replacement by the property owner.
The Township shall use best efforts to conduct the inspection and/or televising by the least invasive and intrusive means possible. However, in the event of any damage to the property caused by the Township's inspection, the Township shall promptly repair or restore the property to the reasonable condition in which the property existed prior to the entry of the Township onto the property, circumstances permitting.
The cost of the lateral inspection shall be determined and established by the Board of Supervisors from time to time, by resolution.
Any violations discovered on a property or leasehold as a result of inspection must be corrected prior to the issuance of any certificate of use and occupancy. If the seller or landlord of the property cannot correct all violations found on the property or leasehold, a certificate of occupancy may be issued by the Office of Codes Enforcement only if the Township finds that the following conditions will be sufficient to guarantee further compliance and insure that no danger to the health and safety of the residents will be posed by the issuance of a certificate of use and occupancy:
The seller or landlord must place sufficient funds in an escrow account to cover, in full, the cost of the required improvements and/or repairs. The amount of the funds required to be deposited in escrow shall be determined by the Office of Codes Enforcement;
The buyer or tenant may sign an agreement with seller by which the buyer or tenant agrees to undertake the necessary improvements and repairs. The buyer or tenant must demonstrate, to the satisfaction of the Township, that the buyer or tenant has the financial ability to correct all of the violations, either by depositing funds in escrow or by some other means acceptable to the Office of Codes Enforcement; and
All corrections, improvements and repairs must be completed within six months from the date of the issuance of the certificate of use and occupancy. An extension of time within which to complete such repairs, corrections and improvements may be granted by the Township Board of Supervisors upon good cause shown. If the required improvements are not made within the six-month time period, or any extension thereof granted by the Township Board of Supervisors, the Township will pursue legal action against the buyer or tenant and will seek therein recovery of all legal fees incurred by the Township in such proceedings.
A fee for the issuance of the certificate of use and occupancy shall be charged pursuant to the fee schedule authorized by the Board of Supervisors and posted in the Office of Codes Enforcement.
An application for issuance of a certificate of use and occupancy shall be submitted to the Office of Codes Enforcement at least two weeks prior to the date of settlement or the commencement of the lease. The application shall include the name of the seller or landlord and the address of the property as well as a description of the current and intended uses of the property or leasehold.
The Township will issue the certificate of use and occupancy as soon as practicable but no later than two weeks after submission of the application.
Failure of any person, firm, partnership, corporation, association or governmental unit to comply with the regulations of this chapter may result in the following penalties:
Each violation continuing for a separate day after notice by the Township and each violation of any provision of this chapter shall constitute a separate and distinct violation subject to a separate and additional fine of $1,000; and
Any person or entity who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Concord Township, pay the fine prescribed by this chapter, plus all court costs, including reasonable attorney fees, incurred by Concord Township.
Enforcement of this chapter shall be the responsibility of the Office of Codes Enforcement.