[Ord. 292, 7/11/1978, § 1]
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
contain options to purchase the leased property, and leases which
provide that the lessee of the property shall acquire title thereto
after the payment of the stipulated number of regular rent payments
or after a stipulated period of time.
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title, or any interest in any real property.
Whenever used in any clause, 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 building or structure situate in the Township of West
Lebanon, except buildings or structures used, designed or intended
to be used, exclusively, for single-family or two-family occupancy,
churches or other places of religious worship, except that for the
purpose of certifications or statements regarding notices of housing,
building, safety, health or fire violations, the word "property" shall
include all buildings or structures.
[Ord. 292, 7/11/1978, § 2; as amended by Ord. 367,
1/2/1996]
1.
In the Township of West Lebanon it shall be unlawful for any owner
to sell his property, or any interest therein, unless the owner shall
first deliver to the purchaser at or prior to the time for settlement
a certification of the district classification, issued by the Township,
indicating the zoning classification and the legality of the existing
use of the property to be sold.
2.
It shall be unlawful for an owner to sell his property, or any interest
therein, unless the owner shall first deliver to the purchaser at
or prior to the time for settlement a certificate issued by the Township
disclosing whether there exists any notice of an uncorrected violation
of the housing, building, safety, health or fire ordinances. Included
in said certificate shall be a notice as to whether or not the subject
property is in compliance with the curbing ordinance[1] of this Township. Should said property not be in compliance
with said ordinance the certificate issued shall be signed in the
appropriate location by the purchaser of the subject property acknowledging
receipt of a copy of said certificate and evidencing willingness to
comply with the Township's curbing ordinance. A true and correct
copy of said signed certificate shall be returned to the Township
Clerk or Secretary within 10 days following the date of transfer for
retention with the Township records.
[Ord. 292, 7/11/1978, § 2.1]
1.
Every owner shall insert in every agreement for the sale of property
a provision showing the zoning classification of such property, and
stating whether the present use of the property is in compliance with
or in violation of zoning laws and ordinances, and every owner shall
insert in every agreement for the sale of property a provision disclosing
whether there exists any notice of an uncorrected violation of the
housing, building, safety, health or fire ordinances.
2.
If any owner fails to include any provision required by this section
in an agreement for the sale of property, then in any action, at law
or in equity, instituted by a purchaser against the 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
the property was being used in compliance with the then existing zoning
laws and ordinances, and that there was no uncorrected violation of
the housing, building, safety, health or fire ordinances.
[Ord. 292, 7/11/1978, § 3]
A certificate from the Township certifying that the property
has been approved or designated as a nonconforming use shall be deemed
compliance with this section.
[Ord. 292, 7/11/1978, § 4; as amended by Ord. 454,
9/2/2008]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
