[Ord. 1152, 12/3/2008]
The purpose of this Part 8 is to protect and promote the health, safety, and welfare of the residents of the Borough and particularly the commercial businesses/properties and to encourage the owners of commercial businesses/properties to maintain said businesses/properties in a safe and sanitary condition.
[Ord. 1152, 12/3/2008]
As used in this Part, the following items shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any ordinance, code, law, or regulation in effect for the Borough of Quakertown concerning fitness for habitation or the construction, maintenance, occupancy, use, or appearance of any building, dwelling unit or structure, including but not limited to the Zoning Ordinance [Chapter 27], International Building, Plumbing, Electrical, Fire Prevention and Property Maintenance Codes [Chapter 5], as promulgated by the International Code Council, the Uniform Construction Code [Chapter 5, Part 7], the Solid Waste Management and Recycling Ordinance [Chapter 20], and the Nuisance Ordinance [Chapter 10].
The duly appointed Code Enforcement Officer(s) having charge
of the Office of Code Enforcement of the Borough of Quakertown and
any assistants or agents.
Any commercial business/property that meets the definitions
as outlined in the International Building Code as Assembly, Business,
Educational, Factory and Industrial, High Hazard, Institutional, Mercantile,
Residential, Storage or Utility and Miscellaneous.
It shall be the duty of every owner to keep and maintain
all commercial businesses/properties in compliance with all applicable
state laws and regulations and local ordinances and to keep such property
in good and safe condition. This Part is not intended, nor shall its
effect be, to limit any other enforcement remedies which may be available
to the Borough of Quakertown against an owner, occupant or guest thereof.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.
Any person who has the right of occupancy, either singly
or with others, of a commercial business/property owned by a landlord.
[Ord. 1152, 12/3/2008]
1.
It shall be the duty of every commercial business/property owner
in the Borough of Quakertown to annually register his/her commercial
business/property with the Borough of Quakertown on a registration
form supplied by the Borough. A reregistration form shall be filed
with the Code Enforcement Office by the annual expiration date of
the registration form each year and shall include the required information
on the said registration form supplied by the Borough.
2.
The aforesaid registration form shall be accompanied by the payment
of an annual registration/inspection fee as set forth in the Borough
of Quakertown Fee Schedule.
[Ord. 1152, 12/3/2008]
Upon receipt of the aforesaid registration form and fee, the
Code Enforcement Office shall issue a permit for each commercial business/property
registered. It shall be the duty of each commercial business/property
owner to make available the permit upon request.
[Ord. 1152, 12/3/2008]
It shall be the duty of commercial businesses/properties owners
in the Borough of Quakertown to file with the Code Enforcement Office
a report of any change in the use or new occupancy of the business
and comply with § 803 within 10 days of the new occupant
taking possession.
[Ord. 1152, 12/3/2008]
1.
The Code Enforcement Officer of the Borough of Quakertown is authorized
and directed to make annual inspections of each commercial business/property
in the Borough of Quakertown in order to safeguard the health and
safety of the occupants thereof and in order to determine and enforce
compliance with the codes, laws, and regulations applicable to such
units and the structures containing such units. The Code Enforcement
Officer is further authorized to enter, for the purpose of such inspection,
all commercial businesses/properties, and it is the duty of commercial
business/property owners to provide access to such properties upon
request by the Code Enforcement Office.
2.
The construction date of the building will be taken into consideration
when determining safety standards.
[Ord. 1152, 12/3/2008]
The Code Enforcement Officer shall issue a report of each inspection
and shall supply a copy thereof to the commercial business/property
owner. The report, designated as the "Borough of Quakertown Commercial
Business/Property Minimal Safety Checklist," shall reflect the items
that will be inspected and shall note all deficiencies and violations
observed during such inspection. The report shall state the corrective
action or repairs required to be taken by the business owner and the
date by which the corrective action or repairs are required to be
completed. The Code Enforcement Office is authorized and directed
to schedule follow-up inspection(s) of a commercial business/property
to determine compliance with the inspection report.
[Ord. 1152, 12/3/2008]
The Code Enforcement Office shall charge every commercial business/property
within the Borough of Quakertown a registration/inspection fee as
set forth in the Quakertown Fee Schedule for each commercial business/property
in order to defray the cost of conducting the registration/inspection.
[Ord. 1152, 12/3/2008]
Any commercial business/property owner or other person who shall
fail to file the registration forms or reports required to be filed
by this Part or who shall otherwise fail to comply with the requirements
of this Part including providing access, as requested by the Code
Enforcement Office, shall be guilty of a violation of this Part and
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000 and/or imprisonment for a term of not more than 30
days for each such violation. Each day that violation of this Part
continues shall constitute a separate offense.
[Ord. 1152, 12/3/2008]
In addition to the foregoing penalties for violations of this
Part, commercial business/property owners shall be subject to the
fines and penalties and other remedies provided in other applicable
codes and ordinances if such commercial business/property owner fails
to correct or repair any violation of such code or ordinance cited
during an inspection of a commercial business/property as directed
by the Code Enforcement Office.
[Ord. 1152, 12/3/2008]
All records, files and documents pertaining to this program
shall be maintained by the Code Enforcement Office and made available
to the public as required by state law.
