A.
Certificate required. Commencing upon the effective date of this chapter, no person, firm or corporation, unless otherwise excepted by Pennsylvania law, 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 Prospect Park, and no person, firm or corporation 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. The application, which may be in the form of a single application signed by both the owner and proposed occupier, if the owner and proposed occupier are different persons, firms or corporations, shall set forth the names of the owner, the tenant or other proposed occupier, the address of the lot or building which it is proposed to occupy, a description of the premises or portion of the premises to be occupied and such other information as the Borough of Prospect Park may from time to time require. The application shall constitute an agreement between the occupier-applicant and the Borough of Prospect Park for the faithful compliance by such applicant with all ordinances of the Borough of Prospect Park and all rules and regulations of the Borough of Prospect Park now in effect or hereafter adopted relating to the equipment, physical condition, maintenance, use and occupancy of the business dwelling, dwelling unit, lot and all buildings and building and storage units, and warranties and representations by the owner-applicant if the owner-applicant is not to be the occupier and the proposed occupier is being permitted and has agreed to occupy and use the premises only for the purpose set forth in the application.
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.
Specific certificate requirements.
(1)
No person, firm or corporation owning, managing, conducting or operating a dwelling unit shall rent, lease, let out or permit the same to be occupied without first securing the following:
(a)
An annual certificate of occupancy for each occupied dwelling unit issued pursuant to the provisions of this chapter and other applicable ordinances and rules and regulations enacted by the Borough Council.
(b)
In addition to the foregoing, a certificate of occupancy for every vacant dwelling unit issued pursuant to the provisions of this chapter and other applicable ordinances and rules and regulations enacted by the Borough Council prior to its occupancy.
(c)
A certificate of occupancy shall be required whenever there is a change in ownership in a property, subject to the following:
[1]
If the municipal inspection reveals no violations a certificate of occupancy shall be issued by the municipality;
[2]
If the municipal inspection reveals at least one violation, but no substantial violations, the municipality shall issue a temporary use and occupancy certificate;
[3]
If the municipal inspection reveals at least one substantial violation, such substantial violations shall be noted on an inspection report and the municipality shall issue a temporary access certificate.
[4]
As a condition of the issuance of either a temporary occupancy certificate or a temporary access certificate, the municipality shall require the purchaser of the property, transferee and new occupier of the property to execute an acknowledgement, on such form as shall be prepared by the municipality, in which it is acknowledged that the property is accepted with violations or substantial violations; states the duty of the purchaser, transferee and new occupier to correct those violations; and, states the penalties for noncompliance with such duties.
[5]
If the municipal inspection reveals any violation or substantial violation of any municipal ordinance resulting in the issuance of either a temporary certificate of occupancy or a temporary access certificate, then within 12 months of the date of transfer the new owner and/or occupier of the property shall, at his option, either: bring the property into compliance with all municipal codes and ordinances; or demolish the building or structure in accordance with law. When the holder of the temporary certificate of occupancy or temporary access certificate has corrected the violations, he shall contact the Borough's Code Official or Code Officer to request a reinspection. The temporary certificate of occupancy and temporary access certificate shall expire and be revoked on the day after the twelve-month anniversary of the transfer of the property.
[6]
Failure to comply with the requirements of Subsection C(1)(c)[5] above shall constitute a violation of this chapter.
(d)
Should any transfer of property be subject to the applicability exception to the requirement to obtain a certificate of occupancy pursuant to the Act, 68 P.S. § 1082.2, the transferor or transferee must submit written notice of same to the Code Official or Code Officer at least 10 days prior to the date of transfer, together with all documents which evidence such applicability exception. Should neither the transferor nor transferee provide such notice and/or documentation as herein required, it shall be presumed that said transfer requires a certificate of occupancy. Failure to provide such written notice and documentary evidence as herein required shall constitute a violation of this chapter.
(2)
The Code Official and Code Officer, and/or their agent or agents, are hereby authorized and directed to process all applications for certificates of occupancy and, prior to the issuance of the same, to determine that all the requirements of this chapter and/or any other applicable ordinances and rules and regulations enacted by the Borough Council have been met. The Code Official or Code Officer may request information regarding the property from the owner, occupier, proposed occupier or agents for same in order to assist in making the determination.
(3)
The fee for inspection shall be filed with the application for a certificate of occupancy.
D.
Annual report required. The owner and the operator of any dwelling unit which has been rented, leased or let out or re-rented during any calendar year shall, on or before February 15 of the following year, file a list with the Borough of Prospect Park setting forth the number of units occupied as of December 31 of the reporting year and the names of the tenants thereof.
E.
Inspection and access to dwellings. The Code Official, Code Officer or their agents are hereby authorized and directed to make inspections of the conditions of rental dwellings, multiple-dwelling units, rooming units and other structures located in the Borough of Prospect Park. Upon display of proper identification, the inspector is authorized to enter, examine and survey such units and premises on weekdays between 9:00 a.m. and 4:00 p.m. or at such other time as may be necessary in an emergency or as mutually agreed upon by the occupant and the Code Official or Code Officer or one of his agents.
F.
Access for repairs. Every occupant of a rental dwelling unit or rooming unit shall grant to the owner or his agents or employees free access to it at reasonable times for the purpose of making repairs or alterations to effect compliance with this chapter.
G.
Notice of violation.
(1)
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:
(2)
Such notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent or upon the occupant, 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 last known address, or if he is served by any other method authorized or required under the laws of this state.
(3)
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.
H.
Appeals from notice of violation. Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Borough of Prospect Park or a committee appointed by the Borough Council, provided that such person shall file in the office of the Code Official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within seven days after the day the notice was served. Upon receipt of such petition, the Borough Council or its appointed committee shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced no later than seven days after the day on which the petition was filed. After the hearing the Borough Council or its appointed committee may sustain, modify or withdraw the notice of the violation on the basis of the findings at the hearing and shall give the petitioner written notice thereof. Such proceedings shall be summarized in writing and shall become a matter of public record in the office of the Code Official. Such record shall also include a copy of every notice or order issued in connection with the matter. If the appointed committee hears the petitioner and makes a decision which the petitioner rejects, the petitioner shall have the right to appeal to the entire Borough Council within seven days of receiving notice, asking the entire Borough Council to hear the case and make the ruling. Any person aggrieved by the decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
I.
Effective date of notice of violation. Any notice served pursuant to Subsection E shall automatically become an order if a written petition is not filed in the office of the Code Official within seven days after such notice is filed.
J.
Emergency action. Whenever the Borough of Prospect Park finds that there exists any violation of this chapter which creates an emergency requiring immediate correction to protect the health or safety of any occupant of a rental dwelling or the public, he may issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Borough Council shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings of the Council as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Code Official shall continue such order in effect or modify it or revoke it.
K.
Property unfit for human habitation. Whenever the Code Official, Code Officer or Health Officer finds that a property constitutes a serious hazard to the health or safety of the occupants or to the public because it is dilapidated, unsanitary, vermin-infested, rodent-infested or lacking in basic facilities and equipment required by this chapter, he shall designate such property as unfit for human habitation. Such designation shall be posted on the property and shall specify the reason for such a finding. A notice of violation shall also be served in accordance with the provisions of Subsection E. Any property so designated shall be vacated within a reasonable time as specified by the Code Official, Code Officer and/or Health Officer and shall not again be used for human habitation or occupancy until the hazard or violation has been eliminated or corrected and the official has removed the designation and given written approval for occupancy. A report of any such closing must immediately be filed with the Borough Council.