[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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)]
A.
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.
B.
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.
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.
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.[1]
[1]
Editor's Note: See 35 P.S. § 1221 et seq.
A.
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:
(1)
Where such properties are intended to be demolished and a valid demolition
permit has been obtained, a certificate shall not be required.
(2)
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,[1] or other judicial sale pursuant to federal or state statutes, the certificate set forth in § 376-4 shall not be required.
[1]
Editor's Note: See 72 P.S. § 5860.101 et seq.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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:
(1)
The street address or appropriate description of the subject property.
(2)
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.
(3)
A statement of variances and use permits, if any, granted to that
property, together with the conditions and restrictions of such permits.
(4)
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.
(5)
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.
(6)
A detailed list of all violations of the zoning, housing, property
maintenance, building, plumbing, mechanical, electrical, health or
fire prevention ordinances or regulations.
(7)
A detailed list of all municipal claims currently due and payable.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
