[HISTORY: Adopted by the Borough Council of the Borough of
West Reading 10-18-2011 by Ord.
No. 1001; amended 3-20-2018 by Ord. No. 1080; 8-18-2020 by Ord. No. 1125. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
West Reading Borough, Berks County, Pennsylvania.
A certificate issued by the Borough stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
The date on which title and right to possess the property
transfers to the purchaser or, in cases where the property is sold
pursuant to the Act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law," the first day following
the right of redemption period authorized under the Municipal Claims
and Tax Liens Law.[1]
Any person, partnership, co-partner, corporation, joint stock
holder company, syndicate, tenant, property owner, occupant, lessor
or agent in control of a building.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough report.
A certificate issued by the Borough as a result of the inspection
of the property by the Borough incident to the resale of the property
that identifies at least one substantial violation, and the purpose
of the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to all
applicable laws, ordinances, and regulations of the Borough of West
Reading and the Commonwealth of Pennsylvania, including the Property
Maintenance Code. No person may occupy a property during the term
of a temporary access certificate, but the owner shall be permitted
to store personalty that is related to the proposed use or occupancy
of the property or is needed to repair the substantial violations
during the time of the temporary access certificate.
A certificate issued by the Borough as a result of the Borough
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations pursuant to
all applicable laws, ordinances, and regulations of the Borough of
West Reading and the Commonwealth of Pennsylvania, including the International
Property Maintenance Code.
Pennsylvania Uniform Construction Code (34 Pa. Code Chapter
401 et seq.).
A condition which renders a building or structure, or any
part thereof, dangerous or injurious to the health, safety or physical
welfare of an occupant or the occupants of neighboring dwellings.
The condition may include substantial violations of a property that
show evidence of: a significant increase to the hazards of fire or
accident; inadequate sanitary facilities; vermin infestation; or a
condition of disrepair, dilapidation, or structural defects, such
that the cost of rehabilitation and repair would exceed 1/2 of the
agreed-upon purchase price of the property.
Each separate area of a building, designed or intended to
be used for one family dwelling, one commercial user, or one industrial
user.
A violation of an adopted building, housing, property maintenance,
or fire code, or health or safety nuisance ordinance that does not
rise to the level of a substantial violation and is discovered during
the course of a Borough inspection of a property and disclosed to
the record owner or prospective purchaser of the property through
issuance of a Borough report.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
From and after the effective date of this chapter, it shall
be unlawful for any person to change the occupancy of any residential
dwelling or commercial or industrial building within the Borough,
or permit such a change, without first obtaining a certificate of
use and occupancy or temporary use and occupancy certificate.
A.
It shall be unlawful for any person to occupy any residential dwelling
or commercial or industrial building within the Borough when a certificate
of use and occupancy or temporary use and occupancy certificate is
required by this chapter without first obtaining such a certificate
or to continue to occupy any such unit or building with an expired
certificate.
B.
The owner of the property subject to the sale shall notify the Borough
at least 10 days prior to the date of purchase and shall make the
property available to the Borough for inspection.
A.
It shall be unlawful for any person to sell any residential dwelling
or commercial or industrial building within the Borough without first
obtaining a certificate of use and occupancy, temporary use and occupancy
certificate, or temporary access certificate, regardless of whether
or not there is a change in occupancy at the time of such sale. This
requirement shall not apply to real estate transfers to any bank,
savings association, credit union, mortgage lender, or any similar
financial institution or subsidiary thereof, which takes title to
the property for the purpose of holding the property for sale to offset
losses incurred on a loan or other obligation in default secured by
a mortgage, deed of trust or other lien on the property.
B.
Exception. A financial institution not subject to this chapter may
be required by the Borough to correct a substantial violation.
Applications for certificates of use and occupancy shall be
made to the Borough on forms provided for that purpose.
Upon receipt of a properly completed application for a certificate
of use and occupancy and payment of the required fee, the Borough
shall promptly inspect the residential dwelling or commercial or industrial
building which is the subject of the application to determine if the
building conforms to all applicable laws, ordinances, and regulations
of the Borough, including the International Property Maintenance Code.
If, upon inspection, the Borough shall determine that the residential
dwelling or commercial or industrial building is in compliance with
all applicable laws, ordinances, and regulations, the Borough shall
forthwith issue a certificate of use and occupancy to the applicant.
A.
If, upon inspection, the Borough shall determine that the residential
dwelling or commercial or industrial building is not in compliance
with all applicable laws, ordinances, and regulations of the Borough,
including the International Property Maintenance Code, then the Borough
shall refuse to issue a certificate of use and occupancy and shall
promptly notify the applicant, in writing, of the refusal and the
specific reasons therefor, with references of the specific sections
and subsections of the laws, ordinances, and regulations being violated.
Upon notification by the applicant that the residential dwelling or
commercial or industrial building has been brought into compliance,
the Borough shall conduct a reinspection and, upon a determination
that the unit or building is in compliance, shall issue a certificate
of use and occupancy to the applicant.
B.
If Borough inspection of a property incident to the resale of the
property reveals a violation but no substantial violation(s), the
Borough shall refuse to issue a certificate of use and occupancy and
instead shall issue a temporary use and occupancy certificate and
shall promptly notify the applicant, in writing, of the refusal and
the specific reasons therefor, with references of the specific sections
and subsections of the laws, ordinances, and regulations being violated.
C.
If Borough inspection of a property incident to the resale of the
property reveals at least one substantial violation, the Borough shall
issue a temporary access certificate and shall promptly notify the
applicant, in writing, of the refusal and the specific reasons therefor,
with references of the specific sections and subsections of the laws,
ordinances and regulations being violated.
A.
Any purchaser of property with a known violation of any applicable
laws, ordinances, and regulations must either bring the property into
compliance or demolish the building or structure in accordance with
the law within 12 months of the date of purchase. At the request of
the property owner, the Borough may, at its discretion, negotiate
for a longer period of time for maintenance and repair of the structure
under a temporary certificate, but the time periods stated in this
subsection may not be shortened.
B.
At the expiration of the twelve-month period set forth in the above Subsection A, or before that time if requested by the property owner, the Borough shall reinspect the property for the purpose of determining compliance with the cited violations. If a temporary access certificate has been issued and reinspection indicates that the noted substantial violations have been corrected but other cited violations remain, the Borough shall issue a temporary use and occupancy certificate to be valid for the time remaining on the original temporary access certificate. If reinspection indicates that all noted violations have been corrected, the Borough shall issue a certificate of use and occupancy.
The Council of the Borough shall, from time to time, establish
by resolution such fee as it deems reasonable and proper to be charged
for the issuance of an occupancy certificate, temporary use and occupancy
certificate and temporary access certificate pursuant to the provisions
of this chapter.
A.
Failure to comply with this chapter shall result in:
(1)
Revocation of the temporary access or temporary use certificate;
(2)
The purchaser being subject to any municipal ordinances or codes
and regulations relating to the occupation of the property without
a certificate of use and occupancy;
(3)
The purchaser being personally liable for the costs of maintenance,
repairs or demolition sufficient to correct the cited violations,
and a fine of not less than $1,000 and not more than $10,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
may initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Berks County.
B.
This section shall not apply for the violation of a municipal code
or ordinance for which a fine, other penalty or a judgment to abate
or correct was imposed by a Magisterial District Judge or municipal
court, or a judgment at law or in equity was imposed by a court of
common pleas prior to purchase, or where the Borough denies the certificate
pursuant to 53 Pa.C.S.A. Chapter 61 (relating to neighborhood blight
reclamation and revitalization).
