[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
As used in this Part, the following terms shall have the meanings
indicated:
A certificate issued by the Borough stipulating that the
property meets all applicable laws, ordinances, and regulations of
the Borough of Doylestown and the Commonwealth of Pennsylvania, including
the Property Maintenance Code, and may be used or occupied as intended.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough report.
A certificate issued by the Borough as a result of the inspection
of the property by the Borough incident to the resale of the property
that identifies at least one substantial violation, and the purpose
of the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to all
applicable laws, ordinances, and regulations of the Borough of Doylestown
and the Commonwealth of Pennsylvania, including the Property Maintenance
Code. No person may occupy a property during the term of a temporary
access certificate, but the owner shall be permitted to store personalty
that is related to the proposed use or occupancy of the property or
is needed to repair the substantial violations during the time of
the temporary access certificate.
A certificate issued by the Borough as a result of the Borough
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations pursuant to
all applicable laws, ordinances, and regulations of the Borough of
Doylestown and the Commonwealth of Pennsylvania, including the Property
Maintenance Code.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
From and after the effective date of this Part, it shall be
unlawful for any person, firm or corporation to change the occupancy
of any residential dwelling unit or commercial or industrial building
within the Borough of Doylestown, or permit such a change, without
first obtaining an occupancy certificate or temporary occupancy certificate.
[Added by Ord. 2017-1, 1/23/2017]
It shall be unlawful for any person, firm, or corporation to
occupy any residential dwelling unit or commercial or industrial building
within the Borough of Doylestown when an occupancy certificate or
temporary occupancy certificate is required by this Part without first
obtaining such a certificate or to continue to occupy any such unit
or building with an expired certificate.
[Added by Ord. 2017-1, 1/23/2017]
Occupancy certificates issued for non-owner-occupied residential
dwelling units shall expire three years after the date of issuance
or when there is an occupancy change, whichever occurs first. An application
for a new occupancy certificate shall be made prior to the expiration
of an occupancy certificate, in compliance with the requirements of
this Part.
[Added by Ord. 2017-1, 1/23/2017]
It shall be unlawful for any person, firm, or corporation to
sell any residential dwelling unit or commercial or industrial building
within the Borough of Doylestown without first obtaining an occupancy
certificate, temporary occupancy certificate, or temporary access
certificate, regardless of whether or not there is a change in occupancy
at the time of such sale. This requirement shall not apply to real
estate transfers to any bank, savings association, credit union, mortgage
lender, or any similar financial institution or subsidiary thereof,
which takes title to the property for the purpose of holding the property
for sale to offset losses incurred on a loan or other obligation in
default secured by a mortgage, deed of trust or other lien on the
property.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
Applications for occupancy certificates shall be made to the
Borough of Doylestown on forms provided for that purpose.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
Upon receipt of a properly completed application for an occupancy certificate and payment of the required fee, the Borough of Doylestown shall promptly inspect the residential dwelling unit or commercial or industrial building which is the subject of the application to determine if the building conforms to all applicable laws, ordinances, and regulations of the Borough of Doylestown and the Commonwealth of Pennsylvania, including the Property Maintenance Code. See Chapter 5, Part 4, of the Doylestown Borough Code of Ordinances.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
If, upon inspection, the Borough shall determine that the residential
dwelling unit or commercial or industrial building is in compliance
with all applicable laws, ordinances, and regulations, then the Borough
shall forthwith issue an occupancy certificate to the applicant.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
1.
If, upon inspection, the Borough of Doylestown shall determine that
the residential dwelling unit or commercial or industrial building
is not in compliance with all applicable laws, ordinances, and regulations,
then the Borough shall refuse to issue an occupancy certificate and
shall promptly notify the applicant, in writing, of the refusal and
the specific reasons therefor, with citations of the specific sections
and subsections of the laws, ordinances, and regulations being violated.
Upon notification by the applicant that the residential dwelling unit
or commercial or industrial building has been brought into compliance,
the Borough shall conduct a reinspection and, upon a determination
that the unit or building is in compliance, shall issue an occupancy
certificate to the applicant.
2.
If Borough inspection of a property incident to the resale of the
property reveals a violation but no substantial violation(s), the
Borough shall refuse to issue an occupancy certificate and instead
shall issue a temporary occupancy certificate and shall promptly notify
the applicant, in writing, of the refusal and the specific reasons
therefor, with citations of the specific sections and subsections
of the laws, ordinances, and regulations being violated.
3.
If Borough inspection of a property incident to the resale of the
property reveals at least one substantial violation, the Borough shall
issue a temporary access certificate and shall promptly notify the
applicant, in writing, of the refusal and the specific reasons therefor,
with citations of the specific sections and subsections of the laws,
ordinances and regulations being violated.
[Added by Ord. 2017-1, 1/23/2017]
1.
Any purchaser of property with a known violation of any applicable
laws, ordinances, and regulations must either bring the property into
compliance or demolish the building or structure in accordance with
the law within 12 months of the date of purchase. At the request of
the property owner, the Borough may, at its discretion, negotiate
for a longer period of time for maintenance and repair of the structure
under a temporary certificate.
2.
At the expiration of the twelve-month period, or before that time
if requested by the property owner, the Borough shall reinspect the
property for the purpose of determining compliance with the cited
violations. If a temporary access certificate has been issued and
reinspection indicates that the noted substantial violations have
been corrected but other cited violations remain, the Borough shall
issue a temporary occupancy certificate to be valid for the time remaining
ton the original temporary access certificate. If reinspection indicates
that all noted violations have been corrected, the Borough shall issue
an occupancy certificate for the property.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
The Council of the Borough of Doylestown shall, from time to
time, establish by resolution such fee as it deems reasonable and
proper to be charged for the issuance of an occupancy certificate,
temporary occupancy certificate and temporary access certificate pursuant
to the provisions of this Part.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 2017-1, 1/23/2017]
1.
Failure to comply with § 706.1, Subsection 1, of this Part shall result in:
A.
Revocation of the temporary certificate;
B.
The purchaser being subject to any existing laws, ordinances, and
regulations relating to the occupation of a property without an occupancy
certificate;
C.
The purchaser being personally liable for the costs of maintenance,
repairs or demolition sufficient to correct the cited violations,
and a fine of not less than $1,000 and not more than $10,000.
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This section shall not apply to a violation of a municipal code
or ordinance for which a fine, other penalty or a judgment to abate
or correct was imposed by a Magisterial District Judge or municipal
court, or a judgment at law or in equity was imposed by a court of
common pleas prior to purchase, or where the Borough denies the certificate
pursuant to 53 Pa.C.S.A. Ch. 61 (relating to neighborhood blight reclamation
and revitalization).
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2.
Any person, firm or corporation who shall violate any of the other
provisions of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 nor more than $250 and costs of
prosecution, and in default thereof, to imprisonment in the Bucks
County Prison for not more than 10 days.
[Ord. 1988-1, 1/18/1988; as amended by Ord. 1989-3, 2/20/1989, § 1]
This Part shall become effective March 1, 1988.
