[HISTORY: Adopted by the Borough Council of the Borough of Millvale 7-13-1984 by Ord. No. 1602. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 125.
Zoning — See Ch. 312.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
DWELLING UNIT
Any single-family house, apartment in a duplex or multiple-family structure or other living quarters of whatsoever kind.
OWNER
Any person who alone, or jointly or severally with others, shall have legal title or equitable title to any building, structure or premises with or without accompanying actual possession thereof and shall include his duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the property in question.
PERSON
Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. "Person" shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of such section.
TENANT
Any person other than the owner occupying a building pursuant to a written, oral or implied lease, or pursuant to written, oral or implied permission of the owner.
No building, or part thereof, may hereafter be used or occupied, until such time as the owner or his agent or the tenant has secured an occupancy permit to be issued by the Borough Code Enforcement Officer or his authorized representative. With the exception of dwelling units (see § 198-9), buildings presently occupied prior to the enactment of this chapter shall not be subject to the occupancy permit requirements of this chapter until such time as there is a change in the owner or tenant of the building. It shall be unlawful to change owners or tenants of a building unless an occupancy permit has been issued by the Borough Code Enforcement Officer or his authorized representative prior to said change stating that the building land or premises conform to the requirements of the building and fire codes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The owner or his agent or the tenant required to secure an occupancy permit as set forth in § 198-2 above shall notify the Borough Secretary of the date upon which such change in ownership or tenancy will take place and a duly authorized representative of the Borough shall inspect the building involved within 10 days of such notice.
B. 
Every application for a building permit shall be deemed to be an application for an occupancy permit.
C. 
Every request for a lien letter from the Borough purposes of transferring or conveying a building shall be deemed to be an application for an occupancy permit.
D. 
The application for an occupancy permit shall disclose the following information:
(1) 
Address of the building;
(2) 
Name and address of the owner, and rental agent, if any;
(3) 
Name of and address of tenant or tenants, and/or prospective owner, name of the head of the household and name and relationship of each family member who occupy the dwelling unit must be disclosed;
(4) 
Total number of rooms within the building;
(5) 
Bathroom facilities;
(6) 
Kitchen facilities;
(7) 
General conditions of the premises;
(8) 
Term of lease or rental.
E. 
This section shall not apply to a change in tenancy that does not enlarge the scope or nature of the use of the structure in question. However, in the event of such a in tenancy, without the necessity of the issuance of an occupancy permit as provided in this chapter, the landlord, owner or rental agency on behalf of the same, shall be responsible for submitting a tenant residency form to the Borough of Millvale within 30 days of the date said tenant occupies the structure. Failure to provide said form within the time period set forth herein shall constitute a violation of this chapter, and shall subject the landlord, owner and/or rental agency to the penalty provisions of this chapter.
[Added 12-30-2002 by Ord. No. 2230; amended 12-30-2008 by Ord. No. 2400]
A. 
Upon receipt of the completed occupancy permit application, the Borough Secretary shall cause a preliminary inspection of the building to be made by an authorized representative of the Borough.
B. 
If the preliminary inspection reveals that the building is structurally sound, clean and inhabitable for residential or commercial purposes, as the case may be, and contains no accumulations of refuse or debris and no signs of pest infestation; and if the preliminary inspection provides adequate indication that plumbing, heating and electrical systems are properly installed and maintained in a safe operating condition; and if the building has sufficient space to accommodate the number of individuals named on the application within the space and occupancy restrictions contained in Chapter 125, Construction Codes, Uniform, and Chapter 312, Zoning, then the Borough Secretary or said authorized representative shall issue the occupancy permit. If the building is to be occupied by a tenant, the term of the permit shall coincide with the term of the lease or rental agreement.
C. 
If the preliminary inspection gives cause to doubt the suitability of the building for human habitation in relation to sanitation; and/or structural safety; and/or the safety of plumbing, heating, and/or electrical systems; and/or sufficient space and facility requirements, then a full-scale building inspection will be required prior to further action being taken on the occupancy permit application.
D. 
Upon receipt of the fee for a full-scale building inspection, the Borough Secretary shall cause the proper Borough personnel to conduct a full-scale building inspection concentrating their efforts on matters discovered in the preliminary inspection which indicate deficiencies in sanitation; structural safety; plumbing, heating and/or electrical systems; and space and facility requirements.
E. 
Upon completion of the full-scale building inspection, a list of deficiencies shall be presented to the owner, or his agent, the prospective tenant and/or the prospective owner. Upon correction of these deficiencies, the owner, or his agent, the prospective tenant and/or prospective owner shall request a final inspection. When final inspection shows that no deficiencies remain uncorrected and that the building is structurally sound, clean, free of pest infestation, served by operating plumbing, heating and electrical systems and provided with space and facilities as required by Chapter 125, Construction Codes, Uniform, and Chapter 312, Zoning, the Borough Secretary shall issue the occupancy permit. If the building is to be occupied by a tenant, the term of the occupancy permit shall coincide with that of the lease or rental agreement.
F. 
The owner, or his agent, may request a full-scale building inspection in advance of applying for an occupancy permit to expedite processing of the occupancy permit.
G. 
If deficiencies noted in the preliminary inspection or in the full-scale building inspection are not corrected within 30 days, the Borough Secretary shall commence legal proceedings to have the deficiencies corrected or eliminated.
H. 
All rental units shall be inspected, as provided for in this chapter, at a minimum of once every three years, regardless of occupancy. Upon sale of any property, regardless of occupancy, an inspection shall take place.
[Added 12-30-2002 by Ord. No. 2230; amended 12-30-2008 by Ord. No. 2400]
[Amended 10-11-1994 by Ord. No. 1959; 12-30-1996 by Ord. No. 2059; 12-30-2002 by Ord. No. 2230; 12-30-2008 by Ord. No. 2400[1]]
Fees as set by resolution of the Borough Council shall be charged for the following:
A. 
An inspection fee for the preliminary inspection.
B. 
An additional inspection fee for the full-scale building inspection.
C. 
An inspection fee for the three-year rental unit inspection provided for in § 198-4H.
D. 
In the event application for an occupancy permit is not filed prior to the date of change in ownership or tenancy, an inspection fee shall be charged for the preliminary inspection.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be a violation of the terms of this chapter for a tenant or new owner to occupy a building prior to the issuance of an occupancy permit for his tenancy for ownership. It shall be a violation of the terms of this chapter for a tenant or owner to move additional person or persons into a building without obtaining an amended occupancy permit authorizing the addition of the additional person or persons, with the exception of children born to or adopted by members of the immediate family.
B. 
It shall be a violation of this chapter for an owner, or his agent, to lease, rent, or make available for occupancy, any building for which no current occupancy permit has been issued. It shall be a violation for an owner, or his agent, to collect rent or lease payment from tenants for any building occupied by those tenants unless an occupancy permit has been issued for those tenants to occupy the building. It shall be a violation for an owner, or his agent, to advertise a building for rent, lease, or sale which cannot comply with the standards required for human habitation.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Borough Secretary, on behalf of the Borough of Millvale, shall collect and receive the fees and fines imposed by this chapter, and shall maintain records showing the amounts received and the date such amounts were received. The Borough Secretary shall issue all forms necessary for the administration of the ordinance and shall supervise the Borough personnel charged with carrying out the inspections. The Borough Secretary or the authorized representative of the Borough may examine the records of any owner, rental agent or tenant to ascertain the accuracy of any application for occupancy permits. Every owner, rental agent or tenant shall give the Borough's Secretary or the authorized Borough representative all means, facilities and opportunity for the examinations of records and inspections hereby authorized by this chapter.
Any ordinance or part of ordinance conflicting with the provisions of this chapter be and the same is hereby repealed insofar as the same affects this chapter, with the following exception: Ordinance No. 1474, adopted on July 8, 1980, is specifically saved from repeal for purposes of enforcement as to any dwelling unit in which there has been a change in ownership or tenant from July 8, 1980, through the date of the adoption of this chapter.