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Borough of Upland, PA
Delaware County
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[HISTORY: Adopted by the Borough Council of the Borough of Upland 10-8-2013 by Ord. No. 3-2013. Amendments noted where applicable.]
The purpose of this chapter is to manage the process by which any unused or inactive SDAs shall be caused to be physically removed from any building within the Borough of Upland.
The following requirements apply to SDAs that are less than one meter (39.37 inches) in diameter:
A. 
Any SDAs not in active service must be removed within 30 days of the ending of the associated service subscription.
B. 
Starting with the effective date of this chapter, whenever a property located in the Borough of Upland requires a use and occupancy (U&O) inspection as prescribed at Chapter 69, § 69-1, of the Codified Ordinances of the Borough of Upland, during the performance of that said inspection, the inspectors will determine if there is/are any unused or inactive SDAs present on, or associated with, the property under inspection.
C. 
If, during the U&O inspection, an SDA is determined to be attached to any property/building:
(1) 
The property owner will be responsible for demonstrating proof of active service by providing to the inspectors a current invoice or active contract for the said SDA service.
(2) 
Any SDAs determined to be not in active service shall be removed from the said premises within 30 days of the associated U&O inspection date.
D. 
Unless a multiunit dwelling is configured such that a single SDA provides service to multiple dwelling units, the following requirements shall be enforced:
(1) 
Landlords are responsible to ensure SDAs are removed whenever a change of tenant occurs, unless the new tenant provides proof of subscription service within 30 days of the lease (or occupancy) date.
(2) 
Certificates of occupancy shall not be issued until existing, inactive SDAs are removed.
A. 
Except as otherwise specifically provided within this chapter, any person who shall be found guilty of violating the provisions of this chapter shall be liable to pay a fine of $100 for a first offense, $250 for a second offense and $600 for a third offense.
B. 
In addition, any person, firm, corporation or other entity convicted of a violation of this chapter shall pay all expenses incurred for the removal of said SDAs. Each day that a violation occurs may be considered as a separate violation of the provisions of this chapter.
C. 
For purposes of determining the imposition of penalties for more than one offense or violation:
(1) 
An owner of property shall have such violations and penalties applied separately to each property owned.
(2) 
Such offenses and violations shall accumulate on a yearly basis only, beginning January 1 of each calendar year.
This chapter shall be effective five days from the date of its adoption.
Should any section, subsection, sentence, clause or phrase of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the chapter in its entirety or any part thereof, other than that so declared invalid.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.