[Ord. 704, 3/14/2012, § 101]
1. No person, firm or corporation shall sell a residential dwelling
unit, or permit the same to be sold, without first obtaining a certificate
of occupancy from the Code Official.
2. No person, firm or corporation owning, managing, conducting or operating
a residential dwelling unit shall rent, lease or let out or permit
it to be occupied or shall re-rent the same without first obtaining
from the Code Official a certificate of occupancy.
[Ord. 704, 3/14/2012, § 102]
A certificate of occupancy for non-owner occupied residential
dwelling properties must be renewed on a biannual basis upon inspection
of the residential dwelling unit and payment of an inspection fee.
A certificate of occupancy is revocable for any violation of this
Part.
[Ord. 704, 3/14/2012, § 103]
When a change in occupancy or tenancy occurs, within a three-month
period of a scheduled biannual inspection, the owner of the property
shall not be required to obtain an additional inspection.
[Ord. 704, 3/14/2012, § 104; as amended by Ord.
731, 2/11/2015]
The proper Borough officials shall conduct an inspection of
the common areas of all multi-family residential dwelling buildings
on an annual basis to insure that such properties conform to reasonable
standards for public health, safety and general welfare of the Borough
of Morton. The fee for the inspection of the common areas shall be
in an amount as established, from time to time, by resolution of the
Borough Council.
[Ord. 704, 3/14/2012, § 105]
No person building a residential dwelling unit shall hereafter
occupy the same or permit it to be occupied without first obtaining
a certificate of occupancy from the Building Inspector. If a residential
dwelling unit is a new construction and the person, firm or corporation
having constructed the same has obtained a certificate of occupancy
within a period of two years therefor, said certificate of occupancy
shall extend for the balance of its term to cover the person owning
or occupying the residential dwelling unit.
[Ord. 704, 3/14/2012, § 106]
1. Any person, firm, partnership, corporation, or anyone, who shall
propose to occupy, use, or maintain any building, except an owner-occupied
single family dwelling, in the Borough, before doing so, shall obtain
a certificate of occupancy from the Borough.
2. Applications for a certificate of occupancy shall be presented to
the Secretary of the Borough on a form to be provided by the Borough.
3. Upon receipt of the aforesaid application, the proper Borough officials
shall make an inspection of the property to determine if the proposed
use of the property shall conform to reasonable standards for public
health, safety, and general welfare of the Borough. An application
and inspection fee will be established, from time to time, by resolution
of the Borough Council.
[Ord. 704, 3/14/2012, § 107]
COMMON AREA
Those areas shared and accessible by all residents, including,
but not limited to, basements, front and rear entrances, foyer, stairs
and hallways.
DWELLING
A building or structure, except temporary housing, which
is wholly or partly used or intended to be used for living or sleeping
by human occupants.
DWELLING UNIT
A room or group of some rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
[Ord. 704, 3/14/2012, § 108]
In order to be eligible for a certificate of occupancy, the
said residential dwelling unit must comply with all resolutions and
ordinances of the Borough and the laws of the Commonwealth of Pennsylvania
now in existence or hereafter passed, pertaining to building, plumbing,
electrical, zoning, health and safety, fire or fire prevention, minimum
housing standards and all departmental regulations established pursuant
to said ordinances, laws and resolutions.
[Ord. 704, 3/14/2012, § 109; as amended by Ord.
731, 2/11/2015]
The fee for the inspection and issuance of a certificate of
occupancy shall be in an amount as established, from time to time,
by resolution of the Borough Council. Buildings that contain five
or more dwelling units shall require a fire inspection to be performed
by the Borough Fire Marshall. Should a reinspection be necessary,
the fee for the reinspection shall be in an amount as established,
from time to time, by resolution of the Borough Council.
[Ord. 704, 3/14/2012, § 110]
The Borough Code Officials, including the Building Inspector,
Code Enforcement Officer and Fire Marshall, shall, for the purpose
of discharging their duties, have the authority to enter any residential
dwelling unit upon 24 hours' written notice at any reasonable
hour upon presentation of their credentials. They shall supervise,
superintend and inspect all residential dwelling units in conformity
with the provisions of this Part. They shall make inspection of all
premises within 72 hours after receipt of notice or request to do
so by the owner, owners or their agents or attorneys of the properties
involved. They shall keep full and accurate records of all applications,
certificates issued, fees received and work required to be done in
order to bring the property into compliance with this part. They shall
be the enforcement agent of this Part.
[Ord. 704, 3/14/2012, § 111]
1. The owner, agent, or person in charge of any house not occupied by
the owner, and/or in charge of any building containing one or more
apartment units, shall file with the Borough Secretary on or before
the 15th day of January, a complete list of all occupants of the said
house and/or building as of the 1st day of January of the same year.
The list shall contain the name, address, and apartment number of
the person or persons occupying each house and/or apartment, and whether
said person or persons are adults. The list also shall contain the
number of occupants of each house and/or apartment. A house shall
include any structure occupied by one or more families.
2. If there is any change or addition in the occupancy of any such house
and/or apartment after the 15th day of January, the said owner, agent
or person in charge of such building and/or house or apartment shall
report such change or addition to the Secretary of the Borough on
the 15th day of the month following such change or addition. Failure
to file any of the aforementioned lists or reports shall constitute
a separate violation of this Part.
[Ord. 704, 3/14/2012, § 112]
A letter of notification will be sent to the owner, agent, or
person in charge of any residential property or dwelling unit not
occupied by the owner, and/or in charge of any building containing
one or more apartment units. This letter of notification will sent
by December 31 of every other year. Inspections for the common areas
of multi-family dwelling units shall be performed every year.
[Ord. 704, 3/14/2012, § 113; as amended by Ord.
731, 2/11/2015]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.