[HISTORY: Adopted by the City Council of the City of Nanticoke as indicated in article histories. Amendments noted where applicable.]
Fire insurance claims — See Ch. 263.
[Adopted 4-1-1998 by Ord. No. 14-1998 (Ch. 11, Part 1, of the 2004 Code of Ordinances)]
It is the intent of this article to implement the provisions of 21 P.S. § 611 et seq., and to prevent owners of properties in the City of Nanticoke which are in violation of zoning, housing, property maintenance, building, safety, plumbing, mechanical, electrical, health and fire prevention ordinances and regulations from offering such properties for sale without revealing such illegal use or the existence of zoning, housing, property maintenance, building, safety, plumbing, mechanical, electrical, health or fire prevention violations.
To prevent undue hardships and losses imposed on such purchasers by owners who have failed to reveal the illegal use or condition of the property being conveyed or who have made misrepresentations in that regard, the City Council finds that it is in the best interest of the City of Nanticoke to declare that all sellers of property, as defined herein, shall be required to advise the purchaser of the legal use and condition of the property, and to deliver to the purchaser prior to the execution of the agreement of sale for such property a use registration certificate, obtained from the Code Enforcement Officer, showing the legal use and zoning district classification for such property, the existence of any zoning, housing, property maintenance, building, safety, plumbing, mechanical, electrical, health or fire prevention violations, and any municipal claims due the City of Nanticoke.
As used in this article, the following terms shall have the meanings indicated:
- Any person, copartnership, association, corporation or fiduciary who for monetary consideration aids in the sale or exchange of property as defined herein. Whenever used in any clause prescribing or imposing a penalty, the term "agent," as applied to copartnerships and associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof. Liability shall be limited to failure to notify the owner of the obligations imposed by this article.
- AGREEMENT OF SALE
- Any agreement or written instrument which provides that a title to any property shall thereafter be transferred from one owner to another owner, and shall include, inter alia, written leases which contain options to purchase the leased property and leases which provide that the lessee of the property shall acquire title thereto after the payment of a stipulated number of regular rent payments or after a stipulated period of time.
- Any jurisdictional area or zone as set forth in the Zoning Ordinance (Chapter 500) and the Fire Prevention Ordinance (Chapter 210, Article VIII) of the City of Nanticoke.
- MUNICIPAL CLAIM
- All monetary obligations, recorded or unrecorded, due the City of Nanticoke as school, county or city real estate taxes or for services rendered or delivered to the property.
- Any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real estate. Whenever used in any subsection prescribing or imposing a penalty, the term "owner," as applied to copartnerships and associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
- Any building or structure situate in the City of Nanticoke, except buildings or structures used, designed or intended to be used exclusively for single-family or two-family occupancy, churches or other places of worship; except that, for the purpose of certification or statements regarding notices of housing, property maintenance, building, safety, plumbing, mechanical, electrical, health or fire prevention code violations, the word "property" shall include all buildings or structures.
- Regulations shall include, but shall not be limited to, regulations promulgated by the Pennsylvania Department of Labor and Industry under the Pennsylvania Fire and Panic Act of April 27, 1927, P.L. 465, as amended.
Editor's Note: See 35 P.S. § 1221 et seq.
Prior to entering into an agreement of sale or exchange of any property, or prior to the transfer of property when no agreement of sale is utilized, the owner shall obtain form the Code Enforcement Officer the certificate set forth in § 376-4 hereof. However, subject to the following provisions:
Where such properties are intended to be demolished and a valid demolition permit has been obtained, a certificate shall not be required.
Where such properties are sold at a foreclosure sale or pursuant to the Real Estate Tax Sale Act of 1947, P.L. 1368, as amended, or other judicial sale pursuant to federal or state statutes, the certificate set forth in § 376-4 shall not be required.
Editor's Note: See 72 P.S. § 5860.101 et seq.
The certificate shall be valid for a period not to exceed one year from the date of issue or for only one transfer of ownership of the property. Each subsequent transfer of ownership shall require a new certificate as required in § 376-4.
However, upon the request of the owner at least one month prior to the expiration of the one-year period referred to in Subsection B above, the Code Enforcement Officer may issue endorsements to the certificate extending its validity for up to two additional three-month periods, showing any changes to the information on the original certificate.
There shall be no fee for the issuance of the endorsement(s). Each endorsement, however, shall extend the validity of the certificate for only three months.
Upon application of the owner and the payment to the City of Nanticoke of a fee established by City Council pursuant to resolution, the Code Enforcement Officer, or his/her designee, shall then review the pertinent City records and inspect the premises in question.
Upon completion of the review and inspection, the Code Enforcement Officer shall execute and deliver a certificate to the owner which shall contain the following information:
The street address or appropriate description of the subject property.
A statement of the district classifications applicable to the property in question, together with an extract of the applicable ordinance(s) showing the uses permitted within the district.
A statement of variances and use permits, if any, granted to that property, together with the conditions and restrictions of such permits.
A statement as to whether any land development, construction, electrical, plumbing, mechanical, fire prevention, health or building permits have been issued for work not yet completed on the subject premises.
A statement as to whether there appears to be any nonconformity or illegality in the structures on the property or the uses being made thereof. This statement shall also indicate whether the property has been approved or designated as a nonconforming use.
A detailed list of all violations of the zoning, housing, property maintenance, building, plumbing, mechanical, electrical, health or fire prevention ordinances or regulations.
A detailed list of all municipal claims currently due and payable.
Every owner shall insert in every agreement for the sale of property a provision showing the district classification(s) of such property, and stating whether the present use of the property is in compliance with or in violation of district laws, ordinances or regulations, and every owner shall insert in every agreement for the sale of property a provision disclosing whether there exists any notice of an uncorrected violation of the zoning, housing, property maintenance, plumbing, mechanical, electrical, health or fire prevention ordinance and regulations.
If any owner fails to include any provision required by this article in an agreement for the sale of property, then in any action at law or in equity instituted by a purchaser against an owner, it shall be conclusively presumed that the owner at the time of signing of such agreement represented and warranted to the purchaser that such property was being used in compliance with the then-existing district laws and ordinances and that there was no uncorrected violation of the zoning, housing, property maintenance, building, plumbing, mechanical, safety, health or fire prevention ordinances and regulations.
Every agent shall, by written document to the owner, assert the obligation of the owner to comply with the provisions of this article.
Notwithstanding any other law or ordinance, the provisions of this article may not be waived or disclaimed by any oral or written agreement executed by any owner or purchaser.
In the City of Nanticoke it shall be unlawful for any owner to sell his/her property or any interest therein unless the owner shall first deliver to the purchaser, at or prior to the execution of any agreement of sale or prior to the transfer of title, should no agreement of sale be utilized, the certification described in § 376-4.
The purchaser or transferee shall execute a receipt for the certificate, as furnished by the City of Nanticoke, and such receipt shall be delivered by the owner to the Code Enforcement Officer as evidence of compliance with the provisions of this article.
The use registration certificate shall be compiled from the records of the City and from an inspection of the property. Neither the enactment of this article nor the preparation and delivery of the certificate required hereunder shall impose any liability upon the City of Nanticoke for any errors or omissions contained in such certificate, nor shall the City of Nanticoke bear any liability not otherwise imposed by law.
Appeals from the findings set forth in the certificate must be filed in writing with the City Council of the City of Nanticoke within three days after the issuance of said certificate; the City Council of the City of Nanticoke will refer the appeal to the appropriate board of appeals.
[Amended 12-1-2004 by Ord. No. 16-2004]
Any owner who violates the provisions of § 376-7A of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both.
Any owner, agent or purchaser who violates any other provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both. Each day that a violation of this article continues shall constitute a separate offense.
No sale or exchange of property (as defined in § 376-2 of this article) shall be invalidated solely because of the failure of any person to comply with any provisions of this article, unless such failure is an act or omission which would be grounds for cancellation of such sale or exchange in the absence of this article.