In order to be eligible for a certificate of occupancy, any
lot, dwelling, dwelling unit, building, building unit, office, business
or storage unit must comply with all ordinances of the Borough of
Prospect Park and of the laws of the Commonwealth of Pennsylvania,
now in existence or hereafter passed, pertaining to building, plumbing,
electrical standards, zoning, health and safety, fire or fire prevention,
minimum housing standards and all departmental regulations established
pursuant to the ordinances and laws of the Borough of Prospect Park
and the laws of the Commonwealth of Pennsylvania.
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 be subject to penalties as defined in §
65-7.
The provisions of this chapter shall apply to all occupiers
and owners of lots, businesses, buildings, offices, storage units
or building and dwelling units, as set forth above, irrespective of
when such lot or building unit shall first have been occupied. It
is the specific intent of this provision to give this chapter retroactive
effect.
The Borough Council is authorized to make and adopt such procedural
rules as it may deem necessary for the proper enforcement of this
chapter, provided that such procedural rules and regulations shall
not be in conflict with the substantive provisions of this chapter.
Such rules and regulations shall have the same force and effect as
the provisions of this chapter, and the penalty for violation thereof
shall be the same as the penalty for violation of the provisions of
this chapter.
Any person who violates any provisions of this chapter or any provision of any rule or regulation adopted by the Borough Council pursuant to authority granted by this chapter or who fails to correct in a reasonable time the defects for which the lot, business, building, dwelling, office or storage unit have been cited shall, upon conviction before a Magisterial District Judge of competent jurisdiction, pay a penalty of not less than $100 nor more than $1,000, reimburse to the Borough the costs of the abatement of violation as set forth in §
65-6, including all interest, penalties and attorney fees and, in default of payment of such fine and/or reimbursement to the Borough of costs of abatement of violation, be imprisoned for not less than one day nor more than 30 days; each day's failure to comply with any such provision shall constitute a separate violation.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise.
CERTIFICATE OF OCCUPANCY
A certificate issued by a municipality stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
DATE OF PURCHASE
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 (P.L. 207, No. 153), 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.
MUNICIPALITY
The Borough of Prospect Park, Delaware County, Pennsylvania.
SUBSTANTIAL VIOLATION
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by a municipality as a result of the
municipal 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 purpose of correcting substantial violations pursuant to the
maintenance and repair provisions 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 personal property 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.
TEMPORARY USE AND OCCUPANCY CERTIFICATE
A certificate issued by a municipality as a result of the
municipal 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 pursuant to
the maintenance and repair provisions of the Act.
UNFIT FOR HUMAN HABITATION
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 cost of rehabilitation and repair would exceed 1/2 of the agreed-upon
purchase price of the property.
VIOLATION
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 municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.