This chapter shall be known and may be cited as the "Buyer Notification
Law."
When used in this chapter, the following words and phrases shall
have the following meanings, unless the context clearly indicates
otherwise:
AGENT
Any person, partnership, 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 partnerships 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 chapter.
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, but not be limited to, written leases
which contain options to purchase the leased property and agreements
which provide that the occupant of the property shall acquire title
thereto after the payment of a stipulated number of regular payments
or after a stipulated period of time.
CITY CODES
Those ordinances codified in Title 8, Part 1, of the City of Harrisburg Codified Ordinances relating to property maintenance (Chapter
8-107), building (Chapter
8-101), electrical (Chapter
8-103), plumbing (Chapter
8-105), mechanical (Chapter
8-109), residential for one- and two-family dwellings (Chapter
8-111), fuel gas (Chapter
8-113), existing building (Chapter
8-115), the regulations incorporated into the City's Codified Ordinances by adoption of the Uniform Construction Code (Chapter
8-117), and the fire prevention ordinances (Title 3, Chapters
3-901,
3-903 and
3-905), any amendments thereto made from time to time, and any rules and regulations promulgated thereunder meant for the protection and facilitation of the public health, safety, and general welfare.
CONDEMNATION ORDER
An order issued by the Department pursuant to §
8-107.2 of the Codified Ordinances of the City of Harrisburg, indicating that a property is found to be unsafe, unfit for human occupancy or unlawful.
CONDEMNED PROPERTY
Any parcel of real property for which the Department has
issued a current condemnation order, as defined herein, and which
totally or partially contains any of the following types of residences
as defined in the Codified Ordinances of the City of Harrisburg:
A.
Dwelling, garden apartment;
D.
Dwelling, single-family attached (row townhouse);
E.
Dwelling, single-family detached;
F.
Dwelling, single-family semidetached;
G.
Dwelling, two-family detached;
H.
Dwelling, two-family semidetached;
CURRENT CONDEMNATION ORDER
A condemnation order that has been issued in the name of
the current owner of the property and has not been rescinded by the
Department due to the correction by the owner of the violations noted
and has not been overturned by the appropriate administrative appeal
body or Court of Common Pleas.
DEPARTMENT
The Department of Building and Housing Development of the
City of Harrisburg.
DISTRICT
Any jurisdictional area of a zone, as set forth in the Zoning
Code.
MUNICIPAL CLAIM
All monetary obligations recorded or unrecorded due the City
as taxes or for services rendered or delivered to the property.
ZONING CODE
Those ordinances codified in Title 7 of the City of Harrisburg
Codified Ordinances relating to community development and property
use and meant for the protection and facilitation of the public health,
safety, morals, and general welfare.
Prior to entering into an agreement of sale or exchange of any condemned property, as defined herein, or prior to the transfer of such condemned property when no agreement of sale is utilized, the owner shall obtain from the Codes Administrator or designee the buyer notification report set forth in §
8-509.5, unless such condemned property is being sold at a foreclosure sale or pursuant to the Real Estate Tax Act of 1947, P.L. 1368, as amended, or other judicial sale pursuant to federal or state statutes.
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.
The buyer notification report of the Codes Administrator or
designee shall be compiled from the records of the City and from an
inspection of the property, if applicable. The issuance of the buyer
notification report is not in any way a representation or guarantee
that the property is without violations or in compliance with the
law. Neither the enactment of this chapter nor the preparation and
delivery of any buyer notification report required hereunder shall
impose any liability upon the City for any errors or omissions contained
in such buyer notification report, nor shall the City bear any liability
not otherwise imposed by law.
Appeals from the findings set forth in the buyer notification
report must be filed, in writing, within three days after issuance
of said buyer notification report with the Director of the Department,
who will refer the appeal to the applicable Board or Boards as follows:
A. The Building and Housing Code Board of Appeals, if the conditions
reported constitute violations of City codes, as defined herein, or
deal with the construction of a dwelling or structure or the suitability
of any dwelling or structure for continued occupancy; or
B. The Zoning Hearing Board, if the findings set forth in the certificate
relate to matters concerning the classification and the use of property
under the Zoning Code.