[HISTORY: Adopted by the Municipal Council of the Municipality
of Norristown 6-17-2008 by Ord. No. 08-17. Amendments noted where
applicable.]
[Amended 10-17-2017 by Ord. No. 17-13]
As used in this chapter, the following terms shall have the
meanings indicated:
A certificate issued by the Municipality stipulating that
the property meets all applicable laws, ordinances, and regulations
of the Municipality of Norristown and the Commonwealth of Pennsylvania,
including the Property Maintenance Code, and may be used or occupied
as intended.
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 Municipality inspection of
a property and disclosed to the record owner or prospective purchaser
of the property through issuance of a Municipality report.
A certificate issued by the Municipality as a result of the
inspection of the property by the Municipality 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 all applicable laws, ordinances, and regulations of the
Municipality of Norristown and the Commonwealth of Pennsylvania, including
the Property Maintenance Code. No person may occupy a property during
the term of a temporary access certificate, but the owner shall be
permitted to store personal items that are related to the proposed
use or occupancy of the property or are needed to repair the substantial
violations during the time of the temporary access certificate.
A certificate issued by the Municipality as a result of the
Municipality 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 all applicable laws, ordinances, and regulations of the Municipality
of Norristown and the Commonwealth of Pennsylvania, including the
Property Maintenance Code.
No property or building subject to a change of use or change
in occupancy shall be occupied or used for any purpose and no certificate
of occupancy, building permit, demolition permit or similar permit
and no site improvements shall be commenced until the Zoning Officer
of the Municipality has issued zoning permits and confirmed compliance
with all validly enacted laws of the Municipality of Norristown and
the Commonwealth of Pennsylvania.
[Amended 10-17-2017 by Ord. No.
17-13]
From and after the effective date of this chapter, it shall
be unlawful for any person, firm or corporation to change the occupancy
of any residential dwelling unit or commercial or industrial building
within the Municipality of Norristown or permit such a change without
first obtaining an occupancy certificate or temporary occupancy certificate.
[Added 10-17-2017 by Ord. No.
17-13]
It shall be unlawful for any person, firm, or corporation to
occupy any residential dwelling unit or commercial or industrial building
within the Municipality of Norristown when an occupancy certificate
or temporary occupancy certificate is required by this chapter, without
first obtaining such a certificate, or continue to occupy any such
unit or building with an expired certificate.
[Added 10-17-2017 by Ord. No.
17-13]
Occupancy certificates issued for non-owner-occupied residential
dwelling units shall expire three years after the date of issuance
or when there is an occupancy change, whichever occurs first. An application
for a new occupancy certificate shall be made prior to the expiration
of an occupancy certificate, in compliance with the requirements of
this chapter.
[Added 10-17-2017 by Ord. No.
17-13]
It shall be unlawful for any person, firm, or corporation to
sell any residential dwelling unit or commercial or industrial building
within the Municipality of Norristown without first obtaining an occupancy
certificate, temporary occupancy certificate, or temporary access
certificate, regardless of whether or not there is a change in occupancy
at the time of such sale. This requirement shall not apply to real
estate transfers to any bank, savings association, credit union, mortgage
lender, or any similar financial institution or subsidiary thereof,
which take title to the property for the purpose 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.
[Amended 10-17-2017 by Ord. No.
17-13]
Applications for occupancy certificates shall be made to the
Municipality of Norristown on forms provided for that purpose.
[Amended 10-17-2017 by Ord. No.
17-13]
Upon receipt of a properly completed application for an occupancy certificate and payment of the required fee, the Municipality of Norristown shall promptly inspect the residential dwelling unit or commercial or industrial building which is the subject of the application to determine if the building conforms to all applicable laws, ordinances, and regulations of the Municipality of Norristown and the Commonwealth of Pennsylvania, including the Property Maintenance Code. See Chapter 239 of the Norristown Municipal Code.
[Added 10-17-2017 by Ord. No.
17-13]
If, upon inspection, the Municipality shall determine that the
residential dwelling unit or commercial or industrial building is
in compliance with all applicable laws, ordinances, and regulations,
then the Municipality shall forthwith issue an occupancy certificate
to the applicant.
[Added 10-17-2017 by Ord. No.
17-13]
A.
If, upon inspection, the Municipality of Norristown shall determine
that the residential dwelling unit or commercial or industrial building
is not in compliance with all applicable laws, ordinances, and regulations,
then the Municipality shall refuse to issue an occupancy certificate
and shall promptly notify the applicant, in writing, of the refusal
and the specific reasons therefor with citations of the specific sections
and subsections of the laws, ordinances, and regulations being violated.
Upon notification by the applicant that the residential dwelling unit
or commercial or industrial building has been brought into compliance,
the Municipality shall conduct a reinspection and, upon a determination
that the unit or building is in compliance, shall issue an occupancy
certificate to the applicant.
B.
If Municipal inspection of a property incident to the resale of the
property reveals a violation but no substantial violation(s), the
Municipality shall refuse to issue an occupancy certificate, and instead
issue a temporary occupancy certificate and shall promptly notify
the applicant, in writing, of the refusal and the specific reasons
therefor with citations of the specific sections and subsections of
the laws, ordinances, and regulations being violated.
C.
If Municipal inspection of a property incident to the resale of the
property reveals at least one substantial violation, the Municipality
shall issue a temporary access certificate and shall promptly notify
the applicant, in writing, of the refusal and the specific reasons
therefor, with citations of the specific sections and subsections
of the law, ordinances and regulations being violated.
[Added 10-17-2017 by Ord. No.
17-13]
A.
Any purchaser of property with a known violation of any applicable
laws, ordinances, and regulations must either bring the property into
compliance or demolish the building or structure in accordance with
the law within 12 months of the date of purchase. At the request of
the property owner, the Municipality may, at its discretion, negotiate
for a longer period of time for maintenance and repair of the structure
under a temporary certificate.
B.
At the expiration of the twelve-month period, or before that time
if requested by the property owner, the Municipality shall reinspect
the property for the purpose of determining compliance with the cited
violations. If a temporary access certificate has been issued and
reinspection indicates that the noted substantial violations have
been corrected but other cited violations remain, the Municipality
shall issue a temporary occupancy certificate to be valid for the
time remaining on the original temporary access certificate. If reinspection
indicates that all noted violations have been corrected, the Municipality
shall issue an occupancy certificate for the property.
[Added 10-17-2017 by Ord. No.
17-13]
The Council of the Municipality of Norristown, shall, from time
to time, establish by resolution such fee as it deems reasonable and
proper to be charged for the issuance of an occupancy certificate,
temporary occupancy certificate and temporary access certificate pursuant
to the provisions of this chapter.
[Added 10-17-2017 by Ord. No.
17-13]
A.
Penalties.
(1)
(a)
Revocation of the temporary certificate;
(b)
The purchaser being subject to any existing laws, ordinances,
and regulations relating to the occupation of a property without an
occupancy certificate; and
(c)
The purchaser being personally liable for the costs of maintenance,
repairs or demolition sufficient to correct the cited violations,
and a fine of not less than $1,000 and not more than $10,000.
(2)
This section shall not apply to 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, or where the Municipality denies the certificate
pursuant to 53 Pa.C.S.A. Ch. 61 (relating to neighborhood blight reclamation
and revitalization).
B.
Any person, firm or corporation who shall violate any of the other
provisions of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 nor more than $250 and costs of
prosecution, and in default thereof, to imprisonment in the Montgomery
County Prison for not more than 10 days.
