The purpose of this chapter and the policy of the Municipality of Norristown shall be to protect and promote the public health, safety and welfare of its citizens and to establish the rights and obligations of owners of real property with respect to the transfer of real property.
[HISTORY: Adopted by the Municipal Council of the Municipality of Norristown 6-17-2008 by Ord. No. 08-10. Amendments noted where applicable.]
The following words and phrases, as used in this chapter, shall have the meanings ascribed to them in this section, unless the context indicates a different meaning. Where a term is not defined in this section, such term shall receive its ordinarily accepted meaning as interpreted by the Code Enforcement Officer of the Municipality of Norristown by use of definitions provided for in the codes and standards of the Codified Ordinances of the Municipality of Norristown.
A person who shall have charge, care or control of real property as owner, or acting on behalf of or in the capacity of the owner, or as executor, executrix, administrator, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provision of this chapter to the same extent as if that person was the owner.
The owner, agent or any other person with the authority and responsibility for the transfer of real property.
A residential housing structure that is 100% complete, and that has been inspected by the Municipality of Norristown for compliance with all applicable codes and ordinances resulting in the issuance of a certificate of occupancy under the Uniform Construction Code, and that has never been occupied.
[Added 12-1-2015 by Ord. No. 15-09; amended 12-7-2021 by Ord. No. 21-16]
A sale, foreclosure, sheriff's sales, tax sale or other legal action resulting in the transfer of ownership of real property.
Any structure, building, or vacant land, or improved land being privately or publicly owned.
[Amended 12-1-2015 by Ord. No. 15-09; 12-7-2021 by Ord. No. 21-16]
The pipe or conduit which extends from the end of the building or structure to the curbline or right-of-way and generally includes the cleanout and sewer vent and connects to the publicly owned sanitary sewer system.
The video recording of the sewer lateral by closed-circuit television (CCTV) or the use of other acceptable methods, as deemed appropriate by the Norristown Municipal Waste Authority (NMWA), for the purpose of determining the integrity of the sewer lateral or building sewer.
[Amended 12-17-2024 by Ord. No. 24-08]
A.
No owner or agent shall transfer ownership of any real property without first applying for and undergoing a property transfer inspection as set forth in this chapter and with the provisions set forth in Chapter 128 (relating to change of use or occupancy) and a sewer lateral inspection and obtaining a use and occupancy certificate or temporary use and occupancy certificate. All inspections shall conform to the protections guaranteed property owner(s) and/or individuals in the Constitution(s) of the United States and the Commonwealth of Pennsylvania.
B.
The owner or agent shall complete the required application form for the properly transfer inspection, which shall be available at the Code Department Office, and pay the required fee for the property transfer inspection to the Code Department Office, which shall be set by resolution of Municipal Council.
C.
The owner or agent shall complete the required application form for the sewer lateral inspection, which shall be available at the offices of the NMWA, and pay the required fee for the sewer lateral inspection to the NMWA.
D.
The application form for the property transfer inspection shall require the owner or agent to provide, at a minimum, the following information with respect to the real property subject to a property transfer:
(1)
The name(s), address(es) and telephone or cell-phone number(s) of any and all owners:
(2)
Forwarding address(es) of all owners;
(3)
The name, local address and telephone or cell-phone number of the realtor or agent representing the owner;
(4)
The address of the real property;
(5)
A description of the real property:
(6)
The proposed use of the real property following the transfer; and
(7)
Authorization for the Municipality of Norristown to perform the required property transfer inspection.
E.
The application form for the property transfer inspection must be submitted to the Code Enforcement Department at least 30 days prior to the date scheduled for the property transfer.
F.
Following receipt by the Code Enforcement Department of the completed application form for the property transfer inspection and payment of the required fees, the owner or agent shall schedule the property transfer inspection with the Code Enforcement Department. Property transfer inspections shall be scheduled no earlier than 48 hours from the time the request for a property transfer inspection is made to the Code Enforcement Department.
[Amended 12-17-2024 by Ord. No. 24-08]
A.
The Code Enforcement Officer shall not enter upon any real property for the purpose of conducting a property transfer inspection unless accompanied by the owner or agent.
B.
All interior and exterior areas of the real property shall be inspected for conformance with the Municipality of Norristown Building Safety, Property Maintenance Code, and Housing Code, the Municipality of Norristown Building and Zoning Code, and any and all other relevant ordinances of the Municipality of Norristown, including but not limited to Chapter 128 ( relating to change of use or occupancy) and § 258-26 of the Municipal Code.
The application form for the sewer lateral inspection should be submitted to the NMWA, along with the required fee to be determined by and paid to the NMWA, contemporaneously with the owner or agent's submission of the application firm for the property transfer inspection, as required in § 241-3 of this chapter, to the Code Enforcement Department.
Upon completion of the property transfer inspection, the Code Enforcement Officer shall record the identified code violations, if any, on a form designated for such a purpose, and provide a copy of the form to the owner or agent. Code violations shall be corrected within the time frame set by the Code Enforcement Officer.
A.
Upon completion of the sewer lateral inspection, the NMWA shall review the results and note any deficiencies or defects with the sewer lateral that could permit inflow and infiltration, or any other prohibited substance, from entering into the sanitary sewer, in violation of the General Code of the Municipality of Norristown, or the rules and regulations of the NMWA, or the requirements and specifications of the NMWA. Any deficiencies or defects will be recorded on a form designated for such a purpose and a copy of the form will be provided to the owner or agent.
B.
It will be the responsibility of the owner or agent of the real property to repair and/or replace all or a portion of the sewer lateral that was found to be deficient or defective, in compliance with the requirements and specifications of the NMWA and within the time frame set by the NMWA, and in compliance with the General Code of the Municipality of Norristown.
C.
If repairs to the sewer lateral are required, the NMWA will perform a subsequent sewer lateral inspection to determine if the sewer lateral is in compliance with the requirements and specifications of the NMWA and the General Code of the Municipality of Norristown. Reinspection of the sewer lateral shall be at the discretion of the NMWA.
D.
A sewer lateral certification will be issued by the NMWA after the sewer lateral has passed inspection.
The sewer lateral inspection shall not be required of real property subject to a property transfer, if a sewer lateral certification has been issued in the three-year period immediately following the proposed property transfer or if the real property subject to a property transfer is a condominium unit which is situated in a building with other condominium units and not directly connected to the sewer lateral.
[Amended 12-7-2021 by Ord. No. 21-16; 12-17-2024 by Ord. No. 24-08]
A use and occupancy certificate shall be obtained in accordance with the provisions of Chapter 128 ( relating to change of use or occupancy) as part of the property transfer inspection process set forth in this chapter, except for the following transfers:
A.
New construction. New construction, as defined in this chapter, shall not be required to obtain a use and occupancy inspection as part of the property transfer process provided that the date for the property transfer occurs within 90 days of the date that the new construction obtained its certificate of occupancy under the Uniform Construction Code. Nothing herein shall be construed to relieve or waive the remaining property transfer requirements as set forth in this chapter. Example: A new residential house is constructed and obtains on January 1 its UCC certificate of occupancy and the new residential home will be transferred on March 1 to a new owner or buyer, who will be the first occupant following completion of the new construction. This property will not be required to obtain a use and occupancy inspection as part of the property transfer process but will be required to comply with all other property transfer requirements, including but not limited to the filing of the property transfer application.
B.
Owner-occupied primary residence: deed transfer to existing owner. A property that is transferred from the existing record owner or owners to the same record owner or subset of owners and the property is and continues to be the primary residence of an existing record owner shall not be required to obtain a use and occupancy inspection as part of the property transfer process. Nothing herein shall be construed to relieve or waive the remaining property transfer requirements as set forth in this chapter. Example: If a property that is titled in the name of a married couple is transferred to a surviving spouse and the property continues to be the primary residence of the surviving spouse, then said property will not be required to obtain a use and occupancy inspection as part of the property transfer process but will be required to comply with all other property transfer requirements, including but not limited to the filing of the properly transfer application.
C.
Owner-occupied primary residence: immediate family deed addition. A property that is transferred from the existing record owner(s) to the same record owner(s) with the addition of an owner's child or parent to the deed and the property is and continues to be the primary residence of an existing owner shall not be required to obtain a use and occupancy inspection as part of the property transfer process. Nothing herein shall be construed to relieve or waive the remaining property transfer requirements as set forth in this chapter. Example: If a property that is transferred in order to add the existing property owner's child(ren) as an additional owner and the property continues to be the primary residence of either the original owner or the child, then said property will not be required to obtain a use and occupancy inspection as part of the property transfer process but will be required to comply with all other property transfer requirements, including but not limited to the filing of the property transfer application.
D.
Owner-occupied primary residence: transfer to family trust. A property that is transferred from the existing record owner(s) to a legal family trust wherein the existing record owner is a named beneficiary and the property is and continues to be the primary residence of an existing owner shall not be required to obtain a use and occupancy inspection as part of the property transfer process. Nothing herein shall be construed to relieve or waive the remaining property transfer requirements as set forth in this chapter. Example: If a property that is transferred into a legally formed, irrevocable family trust that names the existing owner and his children as beneficiaries and the property continues to be the primary residence of the existing owner, then said property will not be required to obtain a use and occupancy inspection as part of the property transfer process but will be required to comply with all other property transfer requirements, including but not limited to the filing of the property transfer application.
Nothing contained herein shall be deemed to waive any and all other remedies available to the Municipality of Norristown or the NMWA, at law or in equity, relating to violations of the Municipality of Norristown Property Maintenance Code, the Municipality of Norristown Building and Zoning Code, and any and all other relevant ordinances of the Municipality of Norristown, all of which remedies are expressly retained by the Municipality of Norristown and/or the NMWA.
[Amended 12-17-2024 by Ord. No. 24-08]
B.
Any person, firm or corporation who shall violate any other provision(s) of this chapter not covered by Subsection A above shall, upon conviction thereof be sentenced to pay a fine of not less than $300 nor more than $1,000 and costs of prosecution. Each day that a violation hereunder continues shall constitute a separate offense.
This chapter shall become effective upon passage of an enabling resolution by Municipal Council. After this is completed, enactment shall be effective in accordance with the Home Rule Charter of the Municipality of Norristown.