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.
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hereby repealed.