[Ord. 823-16, 8/22/2016[1]]
The following words, terms, and phrases, when used in this Part,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Borough of Hamburg, Berks County, Pennsylvania.
Any person specifically designated as such by the Borough
Council to enforce this Part, and shall include the duly authorized
representative(s) of said Code Enforcement Officer.
A building or structure, or a portion thereof, which includes
one or more rooms arranged, designed or intended for use as a residence
by one or more individuals for living and sleeping purposes and having
no cooking or sanitary facilities in common with any other dwelling
unit.
A dwelling unit which contains two or more dwelling units
or single-family dwelling units. Types of such units shall include,
but not be limited to, townhouses, apartments, and condominiums.
A building or structure arranged, designed or intended for
occupation and use as an assembly, business, educational, factory,
hazard group, institutional, mercantile, storage or any other purpose.
Any dwelling unit, single-family dwelling unit, multiple-family
dwelling unit, other building unit or combination thereof.
The legal owner, equitable owner and/or their appointed agent.
A building or structure arranged, designed or intended to
be occupied as a residence for one family and having no common wall
with an adjacent building. Types of such units shall include, but
not be limited to, mobile homes and modular units.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 8, Property Transfer Certificates, adopted 8/11/2008
by Ord. 757-08.
[Ord. 823-16, 8/22/2016]
Prior to the transfer of ownership by deed, or otherwise, to
a dwelling unit, single-family dwelling unit, multiple-family dwelling
unit or other building unit within the Borough, the Code Enforcement
Officer shall conduct an inspection and, if appropriate in his or
her sole discretion, issue a use and occupancy certificate for the
premises.
[Ord. 823-16, 8/22/2016]
1.
Upon inspection as required by § 5-802 of this Part, the Code Enforcement Officer shall issue a use and occupancy certificate in accordance with the following standards and procedures:
A.
Application. An application for issuance of a use and occupancy certificate
shall be filed with the Code Enforcement Officer. Such application
must be filed by the property owner. The application shall be filed
no less than 30 business days prior to settlement, closing and/or
completion of the transfer of ownership between the buyer and seller
of the premises within the Borough. The application shall be in a
form developed by the Code Enforcement Officer and available at the
Hamburg Borough Hall during normal business hours. In order for an
application to be complete, the applicant must submit the appropriate
fee prescribed by Subsection 1B of this section along with the application
to the Borough.
B.
Fees.
(1)
The Borough shall charge a fee for the processing of an application
and the costs related to the inspection of the premises by the Code
Enforcement Officer. The fee for an application shall be in accordance
with the following schedule of fees:
|
Type
|
Fee
| |
|---|---|---|
|
Single-family dwelling unit
|
$65
| |
|
Multiple-family dwelling unit
|
$65 + $30 for each additional unit
| |
|
Other building unit
|
$100
|
(2)
In addition to the aforementioned fee schedule, the property
owner shall pay an additional fee of $30 per hour for each additional
hour or portion thereof beyond the initial, first hour, which the
Code Enforcement Officer incurs for performing the inspection. The
fee schedule imposed by this Part may be revised by a duly adopted
resolution of the Borough Council.
C.
Inspection.
(1)
Upon receipt of a completed application, the Code Enforcement
Officer shall, within 10 business days, conduct an inspection of the
premises to determine its compliance with all minimum standards and
requirements of the Borough, including, but not limited to, the following:
(a)
Each dwelling unit must have a smoke detector installed on each
floor level and in the bedroom area(s).
(b)
Each room used for sleeping purposes must have a smoke detector
installed.
(c)
Each premises must have a carbon monoxide detector installed
provided that combustible fuel is used or if vehicles are garaged
at the dwelling unit.
(d)
An existing, acceptable and safe sixty-ampere service, or a
minimum one-hundred-ampere three-wire electric service, must be installed
for the dwelling.
(e)
An appropriate number of current occupants and the number of
intended occupants at the premises as more fully set forth in the
International Property Maintenance Code, Ordinance No. 713-02, as
amended, the International Residential Code, Ordinance No. 713-02,
as amended, and the Uniform Construction Code, Ordinance No. 722-04,
as amended.[1]
[1]
Editor's Note: See Parts 4, 5 and 6 of this chapter.
(f)
The installation of sidewalks and/or curbs as required under
Borough ordinances, regulations and/or standards.
(g)
All sidewalks and curbs must be in good repair, free of large
cracks (covering more than 50% of the surface area and greater than
1/4 inch in width) and crevices, missing bricks and tripping hazards
(greater than 1/2 inch), and in compliance with the Borough's sidewalk
design standards.
(h)
All premises must be supplied with clearly identifiable numbers
(minimum of four inches tall) outside the premises, in clear view
of the street, designating the street number of the premises.
(i)
The premises must be in compliance with all Borough ordinances,
regulations and standards in effect, including, but not limited, to
all aspects of the International Property Maintenance Code, Ordinance
No. 713-02, as amended, the International Residential Code, Ordinance
No. 713-02, as amended, and the Uniform Construction Code, Ordinance
No. 722-04, as amended.
(j)
No illegal sewer connections, as defined under the applicable
Borough's current sewer inspection policies.
(k)
The status of the premises must be checked by the Code Enforcement
Officer for inclusion in the official registry of the U.S. Environmental
Protection Agency, and such status must be reflected by the Code Enforcement
Officer on the issued certificate of compliance for the premises.
[Added by Ord. No. 853-2020, 1/27/2020]
(2)
Within five days following inspection, the Code Enforcement
Officer shall render a decision in his or her sole discretion on the
application for a use and occupancy certificate. In the event that
the premises is in compliance with any and all applicable rules and
regulations of the Borough, the Code Enforcement Officer shall issue
the use and occupancy certificate to the property owner. In the event
that the premises is not in compliance with any and all applicable
rules and regulations of the Borough, the Code Enforcement Officer
shall disapprove the application and issue a written decision to the
property owner, which notes all reasons for disapproval, including,
but not limited to, all existing violations at the premises.
D.
Reinspection Procedure. In the event that the Code Enforcement Officer
has disapproved an application for a use and occupancy certificate
hereunder, the property owner shall have the ability to correct all
violations at the premises and request, in writing, a reinspection
of the premises by the Code Enforcement Officer. Upon receipt of such
request for reinspection, the Code Enforcement Officer shall reinspect
the premises within 10 days from receipt of notification in accordance
with the standards and procedures set forth in this Part. A written
request for reinspection hereunder shall be submitted to the Borough
along with a fee in the amount of $30 per unit for such reinspection.
Following such reinspection, the Code Enforcement Officer shall make
a determination as to whether or not the cited violations have been
corrected. If the violations have been corrected and the premises
is otherwise in compliance with any and all applicable rules and regulations
of the Borough, the Code Enforcement Officer shall issue the use and
occupancy certificate to the property owner.
E.
Miscellaneous. A use and occupancy certificate granted hereunder
shall be revocable at any time by the Code Enforcement Officer upon
discovery of a violation of any and all applicable rules and regulations
of the Borough. A use and occupancy certificate granted hereunder
does not warrant or guarantee on the part of the Borough, or any officer,
agent or employee of the Borough, the soundness, fitness, safety or
adequacy of the premises inspected. The issuance of a use and occupancy
certificate shall in no way give rise to any liability on the part
of the Borough or any officer, agent, employee, or designee thereof.
F.
Exemptions. This Part shall not apply to any proposed transfer of
premises contemplated by an agreement of sale which was executed prior
to the effective date of this Part. This Part shall not apply to any
proposed transfer of premises related to a correctional or confirmatory
deed. This part shall also not apply to any proposed transfer of premises
between or among certain family members, to include a transfer between
a husband and wife; a lineal ascendant (i.e., parent, grandparent,
great grandparent) and lineal descendent (i.e., child, grandchild,
great grandchild); or children of the same parent (i.e., siblings).
[Ord. 823-16, 8/22/2016]
Any person or entity who shall violate any provision of this
Part shall be, upon conviction thereof, sentenced to pay a fine of
not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. In
addition to any penalty imposed in accordance with this Part, the
property owner shall be required to correct the violation(s) of any
and all applicable rules and regulations of the Borough which are
discovered at the premises by the Code Enforcement Officer, and the
property owner shall be subject to penalties as set forth in the Property
Maintenance Code, Ordinance No. 713-02, as amended.
