[HISTORY: Adopted by the Borough Council of the Borough of Wilson 5-8-2000 by Ord. No. 687, approved 5-8-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 86A.
Zoning — See Ch. 170.
As used in this chapter, the following terms shall have the meanings indicated:
AGREEMENT OF SALE
Any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner, and shall include inter alia written 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.
DISTRICT
Any jurisdictional area or zone as set forth in the Planning and Zoning Code of the Borough.
OWNER
Any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. Whenever used in any section 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.
PROPERTY
Any building or structure situated in the Borough.
REGULATIONS
Include regulations promulgated by the Zoning, Building and Health Codes of the Borough and by the Pennsylvania Department of Labor and Industry and all other applicable local, state or federal laws and regulations.
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 from the Code Enforcement Officer the certificate hereinafter set forth. However, subject to the following provisions:
(1) 
Where such properties are intended to be demolished and a valid demolition permit, pursuant to the Building Code of the Borough, has been obtained, the certificate shall not be required.
(2) 
When such properties are sold interfamily (husband and wife, parents and children and spouses of children), the certificate set forth herein shall not be required.
(3) 
When title to such properties pass by virtue of the laws relating to decedents' estates, the certificate set forth herein shall not be required.
B. 
The certificate shall be valid for a period not to exceed one year from the date of issue.
A. 
Application fee; certificate contents.
(1) 
Upon application of the owner and payment to the Borough of a fee, as follows, the Code Enforcement Officer or his designee shall review the pertinent Borough records and inspect the premises in question:
(a) 
Each dwelling unit to be inspected: $50.
[Amended 6-8-2009 by Ord. No. 748; approved 6-8-2009]
(b) 
Each commercial or industrial use under 5,000 square feet to be inspected, per building: $50.
(c) 
Each commercial or industrial uses over 5,000 square feet to be inspected, per building: $150.
(2) 
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:
(a) 
The street address or other appropriate description of subject property.
(b) 
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 that district.
(c) 
A statement of the variances and use permits, if any, granted to that property, together with the conditions and restrictions of such permits.
(d) 
A statement as to whether any construction, electrical, plumbing or building permits have been issued for work not yet completed on those premises.
(e) 
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. A statement shall also indicate whether the property has been approved or designated as a nonconforming use.
(f) 
A statement of all violations of the housing, building, plumbing, electrical, safety or fire ordinances and regulations.
B. 
The seller shall attach to the certificate to be delivered by the Code Enforcement Officer cited above, a statement as to whether there are outstanding against the property any liens or assessments for public improvements or municipal services.
C. 
In the event that the Code Enforcement Officer or his designee shall be required to make more than two inspections relative to the application, there shall be a fee payable to the Borough of $75 for each additional inspection that is required.
[Amended 6-8-2009 by Ord. No. 748; approved 6-8-2009]
A. 
Every owner shall insert in every agreement for the sale of property a provision:
(1) 
Showing the district classification of such property, and stating whether the present use of the property is in compliance with or in violation of district laws and ordinances;
(2) 
Disclosing whether there exists any notice of an uncorrected violation of the housing, building, plumbing, electrical, safety or fire ordinances or regulations;
(3) 
Disclosing any outstanding liens against the property or assessments for public improvements.
B. 
If any owner fails to include any provision required by this chapter 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 the 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 housing, building, plumbing, electrical, safety or fire ordinances and regulations.
Notwithstanding any other law or ordinance, the provisions of this chapter may not be waived or disclaimed by any oral or written agreement executed by any owner or purchaser.
A. 
No owner shall sell any real property, located within the Borough, or any interest therein, unless the owner first delivers to the purchaser at or prior to the execution of any agreement of sale, or prior to the transfer of title should an agreement of sale not be utilized, the certificate described herein.
B. 
The purchaser or transferee shall execute a receipt for the certificate, as furnished by the Borough, and such receipt shall be delivered by the owner to the Code Enforcement Officer within seven business days, as evidence of compliance with the provision of this chapter.
The buyer notification certificate shall be compiled from the records of the Borough and from an inspection of the property. The issuance of the certificate is not a representation by the Borough that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation and delivery of any certificate required hereunder shall impose any liability upon the Borough for any error or omissions contained in such certificate nor shall the Borough bear any liability not otherwise imposed by law.
A. 
Appeals from the findings set forth in the certificate must be filed in writing with the Borough Planning Commission within seven business days after issuance of the certificate, who will refer the appeal to the board or boards as follows:
(1) 
The Borough Planning Commission where conditions reported constitute violations of applicable codes of the Borough or deal with the suitability of the dwelling or structure for continued occupancy.
(2) 
The Board of Health where the conditions reported constitute a violation of the applicable codes of the Borough, or any matters relating to the structure or construction of buildings or structures of the Borough.
(3) 
The Zoning Hearing Board where the findings set forth in the certificate relate to matters concerning the classification and the use of property under the Planning and Zoning Codes.
B. 
Fees for any such appeals shall be established by the respective boards to which such appeals are filed which fees shall be in addition to the fees set forth in § 85-3 above.
Any owner who violates the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be fined up to $300 or be imprisoned for not more than 30 days, or both.