[Ord. 49-1986, 87 § 1, passed 5-26-1987]
(a)
In accordance with the Act of November 28, 1973, (No. 121), as amended,
Council finds that some owners of properties in the City are using
such properties in violation of the zoning ordinances and regulations
of the City, and are maintaining such properties in violation of housing,
building, safety, plumbing, electrical and fire ordinances and regulations,
and are offering such properties for sale without revealing such illegal
use or the receipt of notice of the existence of housing, building,
safety, plumbing, electrical and fire violations. Many innocent purchasers
of such properties are not aware of the illegal use or the existence
of the nature of violations until they have entered into agreements
of sale or have consummated the purchase.
(b)
In order to prevent undue hardships and losses imposed on such purchasers
by owners who have failed to reveal the illegal use or condition of
the property being conveyed or who have made misrepresentations in
that regard, Council finds that it is in the best interest of the
residents of the City to declare that all sellers of property, as
defined herein, shall be required to advise the purchaser of the legal
use and condition of such property, and to deliver to the purchaser
prior to the execution of the agreement of sale for such property
a Buyer Notification Certificate, obtained from the Code Administrator,
showing the legal use and district classification for such property
and the existence of any housing, building, safety, plumbing, electrical
or fire violations.
[Ord. 49-1986, 87 passed 5-26-1987]
Any agreement or written instrument which provides that title
to any property shall thereafter be transferred from one owner to
another owner, and shall include inter alia written leases which provide
that the lessee of the property shall acquire title thereto after
the payment of a stipulated number of regular rent payments or after
a stipulated period of time.
Any jurisdictional area or zone as set forth in Part 13 of
the Codified Ordinances, the Zoning Code of the City.
Any person, copartnership, association, corporation or fiduciary
having legal, or equitable title or any interest in any real property.
Whenever used in any section prescribing or imposing a penalty the
term owner, as applied to copartnerships and associations, shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
Any parcel of land, building or structure situated in the
City.
Include regulations promulgated by the Zoning, Building,
Health and Housing Codes of the City and by the Pennsylvania Department
of Labor and Industry under the Pennsylvania Fire and Panic Act of
April 27, 1927, P.L. 465, as amended.
[Ord. 49-1986, 87 passed 5-26-1987]
(a)
Prior to entering into an agreement of sale or exchange of any property, or prior to the transfer of property when no agreement of sale is utilized, the owner shall obtain from the Code Administrator the certificate set forth in Section 1717.04. However, subject to the following provisions:
(1)
Where such properties are intended to be demolished and a valid demolition permit, pursuant to the Building Code of the City has been obtained, the certificate set forth in Section 1717.04 shall not be required.
(2)
Where such properties are sold at a foreclosure sale or pursuant to the Real Estate Tax Sale Act of 1947, P.L. 542, as amended, or other judicial sale pursuant to Federal or State statutes, the certificate set forth in Section 1717.04 shall not be required.
(b)
The certificate shall be valid for a period not to exceed six months
from the date of issue.
(c)
However, upon request of the owner, prior to the expiration of the six-month period referred to in subsection (b) hereof, the Code Administrator may issue endorsements to the certificate, extending its validity for up to two additional three-month periods, showing any changes to the information shown on the original certificate. There shall be no fee for the issuance of the endorsements. Each endorsement, however, shall extend the validity of the certificate for only three months.
[Ord. 45-2002, 03, passed 12-16-2002; Ord. 39-2008, 09, passed 12-21-2009]
(a)
Upon application of the owner or owner's agent and payment to
the City of Lebanon, a fee in the amount of $25 or $45 when an application
is submitted requesting delivery of such certificate in less than
three days, the Code Administrator or designated representative shall
review the pertinent City records for the premises in question. Upon
completion of the review process, the Code Administrator shall execute
and deliver a certificate to the owner which shall contain the following
information:
(1)
The street address or other appropriate description of subject
property;
(2)
A statement of the district classifications applicable to the
property in question, together with an extract of the applicable ordinance(s)
showing the uses permitted within that district;
(3)
A statement of the variances and use permits, if any, granted
to that property;
(4)
A statement as to whether any construction, electrical, plumbing
or building permits have been issued, for work not yet completed on
those premises;
(5)
A statement as to whether there appears to be any nonconformity
or illegality in the structures on the property or the uses being
made thereof. A statement shall also indicate whether the property
has been approved or designated as a nonconforming use; and
(6)
A statement of all violations of the housing, building, plumbing,
electrical, safety or fire ordinances and regulations.
(b)
The seller shall attach to the certificate to be delivered by the
Code Administrator cited above, a statement as to whether there are
outstanding against the property any liens or assessments for public
improvements.
(c)
The fee for a Buyer Notification Certificate issued retroactively
to date prior of settlement or signing on an agreement of sale shall
be $60.
[Ord. 49-1986, 87, passed 5-26-1987]
(a)
Every owner shall insert in every agreement for the sale of property
a provision:
(1)
Showing the district classification of such property, and stating
whether the present use of the property is in compliance with or in
violation of district laws and ordinances;
(2)
Disclosing whether there exists any notice of an uncorrected
violation of the housing, building, plumbing, electrical, safety or
fire ordinances or regulations; and
(3)
Disclosing any outstanding liens against the property or assessments
for public improvements.
(b)
If any owner fails to include any provision required by this article
in an agreement for the sale of property, then in any action, at law
or in equity, instituted by a purchaser against an owner, it shall
be conclusively presumed that the owner at the time of the signing
of such agreement represented and warranted to the purchaser that
such property was being used in compliance With the then existing
district laws and ordinances, and that there was no uncorrected violation
of the housing, building, plumbing, electrical, safety or fire ordinances
and regulations.
[Ord. 49-1986, 87, passed 5-26-1987]
Notwithstanding any other law or ordinance, the provisions of
this article may not be waived or disclaimed by any oral or written
agreement executed by any owner or purchaser.
[Ord. 49-1986, 87, passed 5-26-1987]
(a)
In the City no owner shall sell his property, or any interest therein, unless the owner first delivers to the purchaser at or prior to the execution of any agreement of sale, or prior to the transfer of title should no agreement of sale be utilized, the certificate described in Section 1717.04.
(b)
The purchaser or transferee shall execute a receipt for any certificate
disclosing violations or illegal use, as furnished by the City, and
such receipt shall be delivered by the owner to the Code Administrator
within seven business days, as evidence of compliance with the provisions
of this article.
[Ord. 49-1986, 87, passed 5-26-1987]
The Buyer Notification Certificate shall be compiled from the
records of the City and from any inspections of the property. The
issuance of the certificate is not a representation by the City that
the subject property or its present use is or is not in compliance
with the law. Neither the enactment of this article nor the preparation
and delivery of any certificate required hereunder shall impose any
liability upon the City for any errors or omissions contained in such
certificate nor shall the City bear any liability not otherwise imposed
by law.
[Ord. 49-1986, 87, passed 5-26-1987]
Appeals from the findings set forth in the certificate shall
be filed in writing with the Code Administrator of the City within
seven business days after issuance of the certificate, who will refer
the appeal to the board or boards as follows:
(a)
The Housing/Building Board where conditions reported constitute violations
of the applicable codes of the City or deal with the suitability of
any dwelling or structure for continued occupancy;
(b)
The Board of Health where the conditions reported constitute a violation
of the applicable codes of the City, or any matters relating to the
structure or construction of buildings or structures within the City;
(c)
The Zoning Hearing Board where the findings set forth in the certificate
relate to matters concerning the classification and the use of property
under the Zoning Code, Part 13 of the Codified Ordinances.
[Ord. 49-1986, 87, passed 5-26-1987]
Any owner who violates the provisions of this article regarding
certificate required prior to sale and/or insertion of provision in
agreements of sale shall be guilty of a misdemeanor, and upon conviction
thereof, shall be sentenced to pay a fine of not more than $1,000
or undergo imprisonment for not more than one year, or both.
