City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[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]
AGREEMENT OF SALE
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.
DISTRICT
Any jurisdictional area or zone as set forth in Part 13 of the Codified Ordinances, the Zoning Code of the City.
OWNER
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.
PROPERTY
Any parcel of land, building or structure situated in the City.
REGULATIONS
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.
(3) 
When such properties are sold inter-family (husband and wife, parents and children and spouses of children), the certificate set forth in Section 1717.04 shall not be required.
(4) 
When title to such properties pass by virtue of the laws relating to decedents' estates, 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.