[HISTORY: Adopted by the Board of Supervisors of the Township
of Carroll as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-1-1987 by Ord. No. 85 (Ch. 11, Part 2, of the
1987 Code)]
A.
The intent of this article is to prevent the owners of properties
in the Township of Carroll which are in violation of housing, building,
safety, plumbing, electrical and fire ordinances and regulations from
offering such properties for sale without revealing such illegal use
or the existence of housing, building, safety, plumbing, electrical
and fire violations.
B.
To prevent undue hardships and losses imposed on such purchasers
by owners who have failed to reveal the illegal use or condition of
the property being conveyed or who have made misrepresentations in
that regard, the Board of Supervisors finds that it is in the best
interest of the Township to declare that all sellers of property,
as defined herein, shall be required to advise the purchaser of the
legal use and condition of such property and to deliver to the purchaser,
prior to the execution of the agreement of sale for such property,
a use registration certificate obtained from the Zoning Officer, showing
the legal use and district classification for such property, the existence
of any housing, building, safety plumbing, electrical or fire violations,
and any municipal claims due the Township of Carroll.
As used in this article, the following terms shall have the
meanings indicated:
Any person, copartnership, 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 copartnerships 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 article.
Any written agreement or written instrument which provides
that title to any property shall thereafter be transferred from one
owner to another owner and shall include, inter alia, written leases
which contain options to purchase the leased property and leases which
provide that the lessee of the property shall acquire title thereto
after the payment of a stipulated number of regular rent payments
or after a stipulated period of time.
Any jurisdictional area or zone as set forth in Chapter 260, Zoning, of the Township of Carroll.
All monetary obligations, recorded or unrecorded, due the
Township as school and city property taxes or for services rendered
or delivered to the property.
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real property.
Wherever used in any clause prescribing or imposing a penalty, the
term "owner," as applied to copartnerships and associations, shall
mean the partners or members thereof and, as applied to corporations,
the officers thereof.
Any residential building or structure which totally or partially contains: 1) single-family dwellings; 2) two-family dwellings; 3) multifamily dwellings; 4) boardinghouses, lodging houses, tourist homes; 5) dormitories; and 6) hotels, as further defined in Chapter 260, Zoning. The separateness of a property shall be determined by the more restrictive of title or parcel number.
Regulations shall include regulations promulgated by the
Pennsylvania Department of Labor and Industry under the Pennsylvania
Fire and Panic Act of April 27, 1927, P.L. 465, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 1221 et seq.
A.
Prior to entering into an agreement of sale or exchange of any property, or prior to the transfer of property when no agreement of sale is utilized, the owner shall obtain from the Zoning Officer the certificate set forth in § 196-4 hereof; subject, however, to the following provisions:
(2)
Where such properties are intended to be demolished and a valid demolition
permit has been obtained, a certificate shall not be required.
(3)
Where such properties are sold at a foreclosure sale or pursuant
to the Real Estate Tax Sale Act of 1947, P.L. 1368, as amended,[1] or other judicial sale pursuant to federal or state statutes, the certificate set forth in § 196-4 shall not be required.
[1]
Editor's Note: See 72 P.S. § 5860.101 et seq.
B.
The certificate shall be valid for a period not to exceed two years
from the date of issue.
C.
However, upon request of an owner, six months prior to the expiration referred to in § 196-3B, the Zoning Officer may issue endorsements to the certificate, extending its validity for up to two additional three-month periods, showing any changes to the information shown on the original certificate. There shall be no fee for the issuance of the endorsement(s). Each endorsement, however, shall extend the validity of the certificate for only three months.[2]
A.
Upon application of the owner and the payment to the Township of
a fee to be set by resolution for properties containing only one dwelling
unit, the Zoning Officer or his designee shall review the pertinent
Township records and inspect the premises in question. For properties
containing more than one dwelling, a fee shall also be set by resolution
for each dwelling exceeding three.
B.
Upon completion of the review and inspection, the Zoning Officer
shall execute and deliver a certificate to the owner which shall contain
the following information. The certificate shall be valid for a period
not to exceed two years from date of issue.
(1)
The street address or appropriate description of subject property.
(2)
A statement of the district classification applicable to the property
in question, together with an extract of the applicable ordinance(s)
showing the uses permitted within that district.
(3)
A statement of the variances and use permits, if any, granted to
that property, together with the conditions and restrictions of such
permits.
(4)
A statement as to whether any construction, electrical, plumbing
or building permits have been issued for work not yet completed on
those premises.
(5)
A statement as to whether there appears to be any nonconformity or
illegality in the structures on the property or the uses being made
thereof. This statement shall also indicate whether the property has
been approved or designated as a nonconforming use.
(6)
A detailed list of all violations of the housing, building, plumbing,
electrical, safety or fire ordinances and regulations.
(7)
A detached list of all municipal claims currently due and payable.
A.
Every owner shall insert in every agreement for the sale of property
a provision showing the district classification of such property and
stating whether the present use of the property is in compliance with
or in violation of district laws and ordinances, and every owner shall
insert in every agreement for the sale of property a provision disclosing
whether there exists any notice of an uncorrected violation of a housing,
building, plumbing, electrical, safety or fire ordinance or regulation.
B.
If any owner fails to include any provision required by this article
in an agreement for the sale of property, then in any action, at law
or in equity, instituted by a purchaser against an owner, it shall
be conclusively presumed that the owner at the time of the signing
of such agreement represented and warranted to the purchaser that
such property was being used in compliance with the then existing
district laws and ordinances, and that there was no uncorrected violation
of housing, building, plumbing, electrical, safety or fire ordinances
and regulations.
C.
Every agent shall, by written document to the owner, assert the obligation
of the owner to comply with the provisions of this article.
Notwithstanding any other law or ordinance, the provisions of
this article may not be waived or disclaimed by any oral or written
agreement executed by any owner or purchaser.
A.
In the Township of Carroll, it shall be unlawful for any owner to sell his property or any interest therein unless the owner shall first deliver to the purchaser at or prior to the execution of any agreement of sale, or prior to the transfer of title should no agreement of sale be utilized, the certification described in § 196-4.
B.
The purchaser or transferee shall execute a receipt for the certificate
as furnished by the Township, and such receipt shall be delivered
by the owner to the Zoning Officer as evidence of compliance with
the provisions of this article.
The use registration certificate shall be compiled from the
records of the Township and from an inspection of the property. Neither
the enactment of this article nor the preparation and delivery of
any certificate required hereunder shall impose any liability upon
the Township for any errors or omissions contained in such certificate
nor shall the Township bear any liability not otherwise imposed by
law.
Appeals from the findings set forth in the certificate must
be filed in writing with the Board of Supervisors of the Township
of Carroll within three days after the issuance of said certificate;
the Board of Supervisors of the Township of Carroll will refer the
appeal to the appropriate board of appeals.
A.
Any owner or agent who violates the provisions of § 196-5 or 196-6 of this article shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a civil fine in an amount of not less than $100 nor more than $600 in addition to costs and attorneys' fees.
[Amended 9-10-1996 by Ord. No. 1996-6]
B.
No sale or exchange of property (as defined in § 196-2 of this article) shall be invalidated solely because of the failure of any person to comply with any provisions of this article unless such failure is an act or omission which would be valid ground for cancellation of such sale or exchange in the absence of this article.
