[HISTORY: Adopted by the Borough Council of the Borough of Kittanning as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 282.
Floodplain management — See Ch. 327.
Numbering of buildings — See Ch. 381.
Property maintenance — See Ch. 422.
Zoning — See Ch. 550.
[Adopted 10-17-1974 by Ord. No. 205-1974 (Ch. XII, Part 2, of the 1970 Code of Ordinances)]
[1]
Editor's Note: Original Ch. XII, Part 1, Existing Structures Code, of the 1970 Code of Ordinances, which immediately preceded this article, was superseded as follows: in part on 5-3-2004 by Ord. No. 426-2004 (See Ch. 282, Construction Codes, Uniform, of the Code of the Borough of Kittanning.); in part on 5-5-2008 by Ord. No. 461-2008, which ordinance pertains to existing structures and occupancies; and in part on 11-3-2008 by Ord. No. 467-2008, which ordinance adopted the Property Maintenance Code (see Ch. 422, Property Maintenance, Art. II, Adoption of Standards, of the Code of the Borough of Kittanning.
[Amended 2-1-2021 by Ord. No. 543-2021; 4-4-2022 by Ord. No. 547-2022]
There shall be no change in the occupancy of any dwelling house, dwelling unit, apartment, other living quarters, commercial building or structure, industrial building or structure or other structure intended to be occupied by humans or actually occupied by humans in the Borough of Kittanning, Armstrong County, Pennsylvania, until such time as the owner thereof, or the owner's duly authorized agent, has secured an occupancy permit from the Secretary or other designated official of the Borough of Kittanning; provided, however, that owners of the residential dwellings which are to be occupied by those owners, or the owners together with the owner's spouse, children, parents, grandparents and/or siblings, shall be exempt from the requirements of this section and shall not be required to obtain an occupancy permit pursuant to this section prior to occupying the residential dwelling as their principal residence.
[Amended 2-1-2021 by Ord. No. 543-2021; 4-4-2022 by Ord. No. 547-2022]
Prior to the change in occupancy of any dwelling house, dwelling unit, apartment, other living quarters, commercial building or structure, industrial building or structure or other structure intended to be occupied by humans or actually occupied by humans in the Borough of Kittanning, the owner thereof shall apply, in writing, to the Borough of Kittanning for an occupancy permit on a form prescribed by said Borough, which application shall disclose the following information:
A. 
Address and identification of the premises to be occupied;
B. 
Name and address of the owner;
C. 
Number of rooms;
D. 
Bathroom facilities;
E. 
General condition of the premises;
F. 
Name of prior tenant or names of prior tenants;
G. 
Name of prospective occupant or occupants.
Upon application to the Borough of Kittanning for an occupancy permit, the Building Inspector of said Borough may cause an inspection to be made of the premises. If such premises are in a habitable condition and meet with all of the requirements of the ordinances of the Borough of Kittanning relative thereto, the Building Inspector of the Borough of Kittanning shall issue to said owner, or owner's agent, an occupancy permit, upon receipt of the applicable fee. If the Building Inspector deems the premises to be uninhabitable or in violation of any of said ordinances, he shall so notify the applicant within seven days after receipt of said application.
[Amended 2-1-2021 by Ord. No. 543-2021; 4-4-2022 by Ord. No. 547-2022]
Any owner aggrieved by a decision of the Building Inspector may appeal such decision to the Board of Appeals of Kittanning Borough established under the provision or provisions of the applicable Borough ordinance or duly adopted building code, and the said appeal shall be governed by the applicable sections of that Borough ordinance or duly adopted building code.
If the owner does not receive an occupancy permit or, alternatively, such written notice from the Building Official specifying the reasons for refusal of such permit, within seven days after receipt by the Borough of Kittanning of his application for such permit, in that event the owner may proceed to change the occupancy of said premises without benefit of an occupancy permit and will not be in violation of this article. For the purpose of this section, notice by the Borough (Building) Official shall be complete when the same is mailed in the United States Mail, postage prepaid, addressed to the owner at the address specified by him in his application for an occupancy permit.
[1]
Editor's Note: Former § 275-6, Provisions inapplicable to licensed rooming houses, was repealed 2-1-2021 by Ord. No. 543-2021 and 4-4-2022 by Ord. No. 547-2022.
[Amended 5-13-1991 by Ord. No. 362-1991; 11-1-1999 by Ord. No. 407-1999; 2-1-2021 by Ord. No. 543-2021; 4-4-2022 by Ord. No. 547-2022]
The fee for an occupancy permit shall be determined by duly enacted resolution of the Borough of Kittanning, and that fee so determined shall be payable to the Borough of Kittanning with the submission of the application for permit.
[Amended 12-14-1976 by Ord. No. 217-1976; 4-10-1989 by Ord. No. 333-1989; 2-1-2021 by Ord. No. 543-2021; 4-4-2022 by Ord. No. 547-2022]
Any person, firm, association, corporation or other entity violating any provision of this article shall, for every such violation, upon conviction be sentenced to pay a fine of not less than $125 and not more than $1,000 and costs of prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days; provided that each day of violation of this article shall constitute a separate offense.