[Ord. 10-1994, -/-/1994, § 1; as amended by Ord.
8-2009, 8/19/2009]
The Borough Council of the Borough of Conshohocken herein establishes
a real estate registry for the Borough of Conshohocken. Said registry
shall include the list of tax parcels and property owners set forth
in the most recent real estate duplicate provided by Montgomery County.
[Ord. 8-2009, 8/19/2009]
The following terms shall have the meaning provided for purposes
of this Subpart only:
Any person, partnership, association, company or corporation,
including but not limited to real estate companies, acting on behalf
of the owner to transfer real estate and meet any and all legal requirements
thereof including those contained in this Subpart. Whenever used in
any clause in this Subpart prescribing or imposing a penalty, the
term “agent” as applied to partnerships, associations
and companies shall mean the partners or members thereof, and if applied
to corporations, shall include the officers thereof.
Any person, partnership, association, corporation, company
or fiduciary having legal or equitable title to real estate in the
Borough of Conshohocken. Whenever used in any clause in this Subpart
prescribing or imposing a penalty, the term “owner” as
applied to partnerships, associations and companies shall mean the
partners or members thereof, and if applied to corporations, shall
include the officers thereof.
All real property, including a condominium, located in the
Borough of Conshohocken, Montgomery County, Pennsylvania.
[Ord. 10-1994, -/-/1994, § 2; as amended by Ord.
6-1998, 5/20/1998, § 1; and by Ord. 8-2009, 8/19/2009]
The owner or agent on behalf of the owner transferring any real
property within the Borough of Conshohocken, within two business days
after recording the deed or instrument of conveyance in the Office
of the Recorder of Deeds of Montgomery County, shall register the
deed or conveyance with the Borough of Conshohocken by delivering
in person or by sending by registered or certified mail, return receipt
requested, addressed to Borough Manager, Borough of Conshohocken,
1 West First Avenue, Suite 200, Conshohocken, Pennsylvania 19428,
a certified copy of the deed or conveyance. For purposes of this Subpart,
an “instrument of conveyance” requiring presentation to
the Borough shall include a long-term lease, defined as any lease
agreement whereby the lessee has a right of use or possession of real
estate for a continuous period of 21 years or more, including the
initial term of a lease and any optional extensions thereafter.
[Ord. 10-1994, -/-/1994, § 3; Ord. 8-2009, 8/19/2009]
A fee shall be charged for the registration of each deed and/or instrument of conveyance in the amount of $10 per deed; provided, however, that in the event the Uniform Municipal Deed Registration Act (Act 110 of 2008) (the “Act”) is amended to permit a fee greater than $10, the fee for registration of each deed and/or instrument of conveyance shall be established by resolution of the Borough Council but shall not exceed the amount of the fee permitted by the Act. The fee shall accompany the certified copy of the deed or other instrument of conveyance registered in accordance with § 11-102 hereof.
[Ord. 10-1994, -/-/1994, § 7; as amended by Ord.
6-1998, 5/20/1998, § 3; by Ord. 9-2008, 12/17/2008; and
by Ord. 8-2009, 8/19/2009]
Any person who violates this Subpart shall be subject to a civil
penalty not to exceed $600 per violation, which may be collected in
a civil enforcement proceeding initiated before a Magisterial District
Court of the Commonwealth of Pennsylvania.
[Ord. 10-1994, -/-/1994, § 9]
It shall be the duty of all grantors, prior to transferring
ownership of real estate in the Borough of Conshohocken, including
condominium units, whether by sale, devise, partition or any other
manner whatsoever and of all long term lessors of a long term lease,
as defined in subpart A, prior to the delivery of possession of the
real estate subject to a long term lease, to apply for a real estate
certification of the following:
A.
The zoning district classifications of the real estate effected by
the transfer of ownership or long term lease.
B.
That there are no uncorrected violations of any housing, building,
zoning, safety or fire codes or any other regulatory ordinances, State
statutes or laws pertaining to the items set forth on a real estate
certification checklist form adopted from time to time by resolution
of Council.
[Ord. 10-1994, -/-/1994, § 10]
The Borough of Conshohocken shall provide forms for the inspection
and certification of real estate, which forms shall include such information
as shall be deemed necessary by the Borough of Conshohocken together
with inspection fees and filing fees as determined from time to time
by resolution of Council.
[Ord. 10-1994, -/-/1994, § 11]
No grantor shall transfer real estate and no lessor shall deliver
possession of real estate subject to a long-term lease without applying
for and obtaining the real estate certification required by this Part.
[Ord. 10-1994, -/-/1994, § 14; as amended by Ord.
6-1998, 5/20/1998, § 3; and by Ord. 9-2008, 12/17/2008]
Any grantee or long term lessee violating any provision of this
Part shall be, upon conviction thereof, sentenced to pay a fine of
not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days.
