[Ord. 450, 4/3/1974, § 1]
As used in this Part 1, the following terms shall have the meanings
indicated:
BUILDING
Any structure, building, dwelling, apartment house, or multiple
dwelling.
PERSON
Any person, firm, association, group or corporation, and
includes the plural as well as the singular.
[Ord. 450, 4/3/1974, § 2]
Before any person shall occupy, inhabit or use any building
or part thereof in the Township of Darby for the first time as owner,
or before any person, being the owner, shall lease or let or release
or relet any building or part thereof to any other person, such owner
or tenant shall secure a certificate of occupancy.
[Ord. 450, 4/3/1974, § 3]
Application for such certificate shall be made on forms provided
by the Township of Darby.
[Ord. 450, 4/3/1974, § 4]
The said application shall require the full, correct, and complete
name and principal address of the applicant, the owner, and the tenant,
if any, and the address and a brief description of the premises for
which application is made, and shall require a statement of the purpose
or use to which the building or part thereof is to be made, and the
number of persons who will use or occupy the same, and such other
pertinent information as the said Township may from time to time deem
necessary.
[Ord. 450, 4/3/1974, § 5; as amended by Ord. 511,
5/4/1979, § 2; by Ord. 573, 11/26/1990; by Ord. 577, 10/9/1991;
by Ord. 601, 3/9/1994; by Ord. 630, 12/9/1998; and by Ord. 630, 7/14/2010]
1. The fee for filing such application shall be $100 for residential
and $150 for commercial and shall accompany said application. In the
event that a reinspection is required, the fee will be $50 for residential
and $100 for commercial for each reinspection and shall be paid prior
to the reinspection.
2. Double Fee. In case any work for which a permit required by this
Code is started or proceeded with prior to obtaining said permit,
the fee specified in this section of this Code shall be doubled, but
the payment of such double fee shall not relieve any person from fully
complying with the requirements of this Code in the execution of the
work nor from any other penalties prescribed herein.
[Ord. 450, 4/3/1974, § 6]
Upon receipt of a completed application, the Building Inspector
or such other person as the Board of Commissioners of the Township
of Darby may from time to time designate shall inspect the said building
or part thereof and check the Building Code, Zoning Ordinance and
such other ordinances or regulations of the state or Township as pertain
to fire, health and safety. If the said building and the proposed
use or purpose thereof conform to all ordinances of the Township of
Darby, a certificate of occupancy shall be issued.
[Ord. 450, 4/3/1974, § 7]
A certificate of occupancy shall be good for 12 months from
the date of its issue.
[Ord. 450, 4/3/1974, § 8; as amended by Ord. 572,
10/10/1990]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense
[Ord. 450, 4/3/1974, § 10]
Whenever any person is aggrieved by the decision of the Building
Inspector or such other designated person, such person may, within
10 days therefrom, take an appeal to the Zoning Hearing Board of Darby
Township. Such appeal shall set forth the decision of the Building
Inspector, or such other designated person, and the exception thereof
and that such person desires to appear and be heard.
[Ord. 450, 4/3/1974, § 11]
The said Inspector or other designated person shall file a report
with the Board of Commissioners monthly of the applications filed
and the status thereof.
[Added by Ord. 592, 2/10/1993]
There shall be a reinspection fee of $15 should the Code Enforcement
Officer have to return to any unit for a use and occupancy permit.
[Added by Ord. 592, 2/10/1993; as amended by Ord. 630, 7/14/2010]
There shall be an annual inspection of rental properties to
provide for the health, safety and welfare of Township residents and
to provide for the annual inspection of all rental properties to ensure
compliance with all applicable Township ordinances, i.e., use and
occupancy, plumbing, electrical, fire and health. The fee for this
inspection shall be as follows:
A. Residential: $50 per year.
B. Commercial: $100 per year.
[Ord. 698, 12/7/2011]
All owners of rental properties are required to annually obtain
a rental license from the Township. All residential, business, commercial,
and cell tower rentals will be required to apply for this license.
[Ord. 698, 12/7/2011]
1. The fee shall be $150 per unit per year.
2. The fee shall be paid by January 31 of each year, or the fee will
be doubled.
3. In the case of a deed transfer, the fee for the first year will be
prorated.
4. For rental properties of more than 50 units, 50% will be completed
each year.
[Ord. 698, 12/7/2011]
In order to obtain a license, the owner or agent must annually
complete an application provided by the Township. All municipal, county
and school district taxes and fines must be current on all properties
in Delaware County.
[Ord. 698, 12/7/2011]
At the time of submitting the application for a rental license,
the owner shall pay the appropriate annual licensing fee and schedule
the inspection of the property. The owner or authorized representative
of the owner must be present at the time of inspection. If the owner
sends a representative, then the Township must be notified, in writing,
who will be at the inspection. There will be a fee of $75 for a no-show.
[Ord. 698, 12/7/2011]
1. All annual inspections must be completed by July 31 of each year.
If violations are found, the Code enforcement Officer shall specify
the violating conditions, in writing, to the owner, allowing 10 days
for the violations to be corrected and for a reinspection.
2. No license shall be granted when there are violations to the Darby
Township Zoning Ordinance requiring a variance or special exception.
[Ord. 698, 12/7/2011]
Penalty for violation of this Part 2 is no less than $600 nor
more than $1,000 per unit. Each day constitutes a new violation.
[Added by Ord. 723, 12/9/2015]
Any owner who fails to obtain a rental license as required by Chapter
11, Part
2, §
11-201 of the Code of Ordinances of the Township of Darby shall be denied the right to recover possession of the premises or to collect rent during, or for the period of, noncompliance. In any action for eviction or collection of rent, the owner shall attach a copy of the license.