[Added 7-14-2009 by Ord. No. 1007]
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Wilmerding, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
The Council of the Borough of Wilmerding, Allegheny County,
Pennsylvania.
COMMERCIAL PREMISES
Any building or portion of any building that is designed
or used for business or storage.
DWELLING UNIT
Any house, building, premises, apartment or portion of any
building, including any apartment building, boardinghome or condominium
development, that is designed or used as a place of residence for
one or more persons or family and which contains a facility for cooking.
OWNER
The legal owner of real estate, including the owner as reflected
in deed or document recorded in the Department of Real Estate of Allegheny
County or any other county office.
PERSON
Any natural person, firm, partnership, association, corporation
or legal entity.
[Amended 1-11-1983 by Ord. No. 825; 7-14-2009 by Ord. No. 1007]
A. No person owning, controlling or authorizing occupancy of any structure
shall occupy or allow another to occupy any dwelling unit, building
or commercial premises within the Borough of Wilmerding without first
securing an occupancy permit from the Wilmerding Borough Building
Code Official, Building Inspector or appropriately designated person
by the Borough of Wilmerding. A separate occupancy permit shall be
applied for and issued for each individual dwelling unit, building
unit or commercial premises. The property owner shall at all times
be responsible for compliance and may not transfer this responsibility
to a tenant.
B. Any transfer or change in ownership of any dwelling unit, building
or commercial premises shall require the application for and issuance
of an occupancy permit by the Borough.
C. Provision is hereby made mandating any person owning, controlling
or authorizing occupancy of any structure to notify the Wilmerding
Borough Building Code Official, Building Inspector or appropriately
designated person by the Borough of Wilmerding when a vacancy occurs
in any occupied dwelling unit, building or commercial premises within
the Borough of Wilmerding. Said mandatory notification must be given
within five days of the occurrence of vacancy. The property owner
shall at all times be responsible for compliance with this mandatory
requirement and may not transfer this responsibility to a tenant.
[Added 10-5-2010 by Ord. No. 1010]
[Added 7-14-2009 by Ord. No. 1007]
Provision is hereby made for application and issuance of a temporary
occupancy permit. A temporary occupancy permit may be issued by the
Wilmerding Borough Building Code Official, Building Inspector or other
Borough-designated representative in the situation when a transfer
in ownership is occurring or has occurred but the structure does not
meet the requirements for eligibility for issuance of an occupancy
permit. In this situation, a temporary occupancy permit may be issued
by the Borough to facilitate the transfer of ownership. The temporary
occupancy permit shall be valid for no more than 90 days. However,
the Wilmerding Borough Building Code Official, Building Inspector
or other designated Borough representative may extend the temporary
occupancy permit for an additional maximum 90 days, in his or her
sole discretion. Under no circumstances shall occupancy of any structure,
dwelling unit or commercial premises be permitted with a temporary
occupancy permit. Occupancy shall be prohibited until a final inspection
has been performed, completed and an occupancy permit has been issued
by the Borough.
The provisions of §
138-2 shall not apply to the occupancy
or vacation of rooms, suites or other portions of motels, hotels,
rooming houses, or the like, wherein rooms are rented on a daily basis
to nonresidents of the Borough of Wilmerding.
[Amended 1-11-1983 by Ord. No. 825; 7-14-2009 by Ord. No. 1007]
An occupancy permit or temporary occupancy permit shall be issued
by the Wilmerding Borough Building Code Official, Building Inspector
or appropriately designated representative of Wilmerding Borough upon
proper application on a form provided by Wilmerding Borough by the
person owning, controlling or authorizing occupancy, desiring to occupy
or allowing occupancy of any dwelling unit, building or commercial
premises within the Borough of Wilmerding. Every application for an
occupancy permit or temporary occupancy permit shall be accompanied
by check, cash or money order in the amount described below. Said
fees established herein may be amended from time to time by future
action of the Wilmerding Borough Council by simple resolution.
A. The occupancy permit fee for commercial premises shall be $65, as
long as the inspection is of a routine nature. If the inspection requires
a complex procedure or excessive time on behalf of the Wilmerding
Borough Building Code Official, Building Inspector or appropriate
designated representative of Wilmerding Borough, the applicant shall
bear the additional cost of such inspection.
B. The occupancy permit fee for residential and/or dwelling units shall
be $40 per unit, as long as the inspection is of a routine nature.
If the inspection requires a complex procedure or excessive time on
behalf of the Wilmerding Borough Building Code Official, Building
Inspector or appropriate designated representative of Wilmerding Borough,
the applicant shall bear the additional cost of such inspection.
C. The temporary occupancy permit fee shall be $80.
[Amended 7-14-2009 by Ord. No. 1007]
Prior to the issuance of any occupancy permit or temporary occupancy
permit, the Building Code Official, Building Inspector or designated
representative by Wilmerding Borough shall physically inspect the
premises intended to be occupied to determine that the premises are
in a safe and habitable condition, to determine that the structure
may be safely occupied by the applicant or intended occupants considering
the nature of the use intended, and that the structure is in compliance
with all applicable Wilmerding Borough ordinances and codes.
[Amended 1-11-1983 by Ord. No. 825; 7-14-2009 by Ord. No. 1007]
It shall be a violation of this article for any person owning
any building, dwelling unit or commercial premises, controlling or
causing occupancy of any building, dwelling unit or commercial premises
within the Borough of Wilmerding to move into and occupy or allow
another to move into or occupy any building, dwelling unit or commercial
premises, or part thereof, in the Borough of Wilmerding without first
having secured an occupancy permit. Failure to apply for an occupancy
permit and/or obtain an occupancy permit from Wilmerding Borough prior
to occupancy shall constitute a violation of this article and each
day of occupancy without a permit shall be considered a separate offense
and shall be punishable by the provisions and penalties established
below.
[Amended 11-14-1989 by Ord. No. 899; 7-14-2009 by Ord. No. 1007; 10-5-2010 by Ord. No. 1010]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a civil fine of not more
than $1,000 plus costs for each offense. Each day that a violation
of this article continues shall constitute a separate offense.