[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.
A description of the Township zoning district classification
applicable to the property or leasehold;
C.
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:
A.
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;
C.
Determine that the seller or landlord has properly
described the existing uses and that those uses comply with all ordinances,
codes and regulations;
D.
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]
F.
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]
G.
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]
(1)
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.
(2)
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.
(3)
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:
A.
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;
B.
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
C.
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.
A.
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.
B.
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:
A.
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
B.
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.
