[HISTORY: Adopted by the Municipal Council of the Municipality
of Norristown 6-17-2008 by Ord. No. 08-10. Amendments noted where
applicable.]
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.
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.
A.
No owner or agent shall transfer ownership of any real property without
first applying for and undergoing a property transfer inspection and
a sewer lateral inspection and obtaining a use and occupancy certificate
or temporary use and occupancy certificate. The aforesaid property
transfer inspection shall comply with all protections guaranteed by
the Pennsylvania and United States Constitution(s).
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.
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 Property Maintenance 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 § 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]
A.
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 as set forth in § 249-9B below.
B.
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 still need to comply with all other property transfer requirements.
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.
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.
