[Ord. 1-88, 2/2/1988, § 1]
It shall be unlawful for any person to cause or permit any building
or structure within the limits of the Borough to be razed, constructed
or altered upon any property owned by such person or upon any ground
rented by him without first having obtained a permit therefor from
the Mayor. Application for such permit shall be written, signed by
the applicant, setting forth the location, dimensions, material and
estimated cost of the razing or alteration.
[Ord. 1-88, 2/2/1988, § 2; as amended by Ord. 6-2003,
9/2/2003, § 1]
The fee payable by the applicant with the submission of the
application shall be in an amount as established by resolution from
time to time by Borough Council.
[Ord. 1-88, 2/2/1988, § 3; as amended by Ord. 6-2003,
9/2/2003, § 1]
Any person, firm or corporation who shall violate any provisions
of this Part shall, upon conviction thereof, be 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. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 1-88, 2/2/1988, § 4]
The word "person," as used in this Part, shall mean any natural
person or persons, association, partnership or firm. The words "altered"
or "alteration," as used in this Part, shall mean any enlargement
of any building or structure or any work of substantial repair, rearrangement,
removal or replacement of any exterior or interior wall, roof, floor
or support, or any part thereof, of any building or structure.
[Ord. 13-2001, 11/6/2001, § 1]
No structure, building or any part thereof, nor any dwelling
unit, shall be occupied or used until a certificate of occupancy has
been issued by the Zoning Officer/Code Enforcement Officer of the
Borough. This requirement shall extend to newly constructed rental
units, rental units that are sold, homes that are sold and turned
into rental units and any rental unit whose building configuration
or structure is substantially altered.
[Ord. 13-2001, 11/6/2001, § 2]
Once an occupancy permit has been obtained, the owner of the
property must adhere to occupant limitations as found on the permit.
Failure to abide by the occupant limitations will result in penalties
as prescribed herein.
[Ord. 13-2001, 11/6/2001, § 3; as amended by Ord. 4-2015, 9/1/2015]
For the purpose of this Part, "occupant" will be as defined
in the International Property Maintenance Code.
[Ord. 13-2001, 11/6/2001, § 4]
1.
The certificate of occupancy shall state the use of the structure,
building or dwelling unit. No change in the use or ownership of any
structure, building or dwelling unit shall be made until a certificate
of occupancy has been issued.
2.
It shall be the duty of any person who shall sell or otherwise transfer
ownership of any structure, building or dwelling unit to another person
to apply for an obtain a certificate of occupancy required by this
Part prior to such transfer of ownership and any use or occupancy
of such premises; provided, however, that failure on the part of such
seller or transferor to obtain such certificate shall not excuse the
purchaser or transferee of such premises from the requirements of
this section.
3.
Upon application, in certain circumstances as approved by the Borough,
the purchaser may obtain the certificate of occupancy conditioned
upon significant construction requirements of a property required
to meet the International Code standards; however, it may be issued
with occupancy contingencies. In this situation, at least 45 days'
notice must be provided to the Borough. All other inspections will
be completed within 15 days' notice to the Borough Office.
[Amended by Ord. 4-2015, 9/1/2015]
[Ord. 13-2001, 11/6/2001, § 5]
Any certificate of occupancy issued hereunder may be revoked
in the event that the structure, building or dwelling unit is determined
to be unsafe or uninhabitable or that a condition exists that is in
violation of any ordinance of the Borough or that the actual use is
in violation of any ordinances of the Borough. In the event that such
certificate of occupancy is issued subject to condition, such certificate
of occupancy may be revoked if such conditions remain unsatisfied
within the time limit provided for at the time of issuance of such
conditional certificate.
[Ord. 13-2001, 11/6/2001, § 6; as amended by Ord. 4-2015, 9/1/2015]
Occupancy limitations for each premises will be determined by
the standard as set forth in the International Property Maintenance
Code.
[Ord. 1-2004]
Application for the occupancy permit will be made in accordance
with the following form.[1] There will be a fee in an amount to be established from
time to time by resolution of Borough Council for each permit.
[1]
Editor's Note: The occupancy permit application form is included as an attachment to this chapter.
[Ord. 13-2001, 11/6/2001, § 8]
The validity of the use and occupancy certificate is contingent
upon compliance with all Biglerville Borough ordinances. The property
owner is responsible for this compliance.
A.
Nonresidential Inspections. Nonresidential properties will be required
to be in compliance with all Biglerville Borough ordinances and with
Commonwealth of Pennsylvania Labor and Industry requirements.
B.
Residential Inspections. A Borough official will inspect each property
relative to compliance. Should the property be in violation of any
ordinance, no permit will be issued and a new application and fees
will be required.
[Ord. 13-2001, 11/6/2001, § 9]
Any property owner who fails to fulfill these requirements or
violates the permit once received shall be subject to prosecution
by a nontraffic summary offense with a fine ranging from $25 to $300,
at the discretion of the District Justice, for each day the violation
continues to occur. The property owner will also be responsible for
all costs and attorneys' fees associated with the enforcement of this
Part.
