[HISTORY: Adopted by the Borough Council of the Borough of
Trainer 10-8-2015 by Ord. No. 744. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All areas of a building within which a dwelling is located,
both interior and exterior, but which are not interior to a dwelling
unit.
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.
A room or 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.
The open space on the premises under control of the owners
or operator of such premises.
Any property containing improvements whether residential,
commercial or accessory structures.
Person, firm, corporation, association, or other entity owning,
managing, or acting as agent for the owner or manager of a rental
unit.
A dwelling unit which is rented or leased, with or without
written documentation. This shall include, but is not limited to,
houses, apartments, and boarding and rooming houses.
Any building, structure, or part of a building or structure,
which is leased, rented, let out, or otherwise occupied by any person
other than the owner of the property. A rental unit includes a residential
structure or a portion of a structure, such as a house, apartment,
boarding room, or motel room; and includes commercial, business, and
industrial buildings and structures and portions of buildings and
structures.
The transfer of ownership of and/or title to property from
one person or entity to another.
Any person, firm, corporation or other entity that rents,
leases or occupies any improved property from a landlord, other than
the owner of the property.
Any noncompliance with any building, housing, health safety,
fire, electrical, plumbing, heating, or other code or standard established
or adopted by the Borough of Trainer.
No person, firm partnership, corporation or agent thereof shall
sell or permit to be sold any improved property without first obtaining
a certificate of occupancy from the Borough. At the time of application,
the applicant shall pay an inspection fee to the Borough in an amount
as set forth by resolution, approved by Borough Council.
A.
No person, firm, or corporation managing, conducting, owning or operating a dwelling or dwelling unit shall rent, lease, let out or permit to be occupied or shall re-rent the same without first obtaining a certificate of occupancy from the Borough, as set forth by the same procedure as in §§ 101-2 and 101-7.
B.
No person, firm or corporation managing, conducting, owning or operating any commercial business or industrial building or structure of any kind or nature shall occupy such building or structure, rent, lease, let out, or permit such building or structure to be occupied, or shall re-rent the same without first obtaining a certificate of occupancy from the Borough, as set forth by the same procedure as in §§ 101-2 and 101-7.
C.
A certificate of occupancy issued for a rental unit must be renewed
annually. A certificate of occupancy is revocable for any violation
of this chapter. It is specifically provided that if any inspection
and issuance of a certificate of occupancy has occurred as a result
of a change of occupancy, the certificate issued shall be valid until
12 months have expired from the date of approval of the certificate.
It is the specific intention of the Borough to provide for an inspection
at the time of a change in occupancy or the expiration of 12 months,
which ever should occur first.
D.
A separate certificate of occupancy for any rental property or other
structure containing more than two dwelling units must be obtained
annually upon the inspection of all common areas of the property.
In order to be eligible for a certificate of occupancy, said
dwelling or dwelling unit must comply with all ordinances of the Borough
of Trainer and 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 and laws.
A.
All requests for certificates of occupancy must be made to the Borough
on the application form supplied by the Borough.
B.
All required fees must be paid at the time of application in an amount
as set forth by resolution approved by Borough Council. An inspection
of the property will be scheduled within 30 days of application. The
owner or owner's agent must be present at the time of the inspection.
Upon completion of an inspection, if any violations exist the
occupancy permit will not be issued. An inspection report will be
issued with all violations listed. Upon correction of all violations,
a new certificate must be applied for and a reinspection conducted.
The required reinspection fee must be paid to the Borough.
Owner or owner's agent must be in possession of a certificate
of occupancy before allowing any structure to be occupied.
All rental properties, for human habitation, will be posted
upon vacancy by the appropriate Borough representative. The Department
of Code Enforcement will be notified of all of said postings.
Any violation of this chapter, including but not limited to
a failure to apply for a certificate of occupancy when required, a
failure to obtain a certificate of occupancy prior to occupancy of
a dwelling unit by a new tenant, and/or failure to make repairs within
the time period prescribed by the Department of Code Enforcement,
shall be considered a summary offense with a maximum penalty of $1,000
and 90 days' imprisonment. Each day on which a violation continues
shall be deemed a separate offense.
The Code Enforcement Officer is authorized and directed to make
inspections to determine whether dwellings, dwelling units, rooming
units, and premises located within the Borough conform to the requirements
of this chapter. For the purpose of making such inspections the Code
Enforcement Officer is authored to enter, examine, and survey at all
reasonable times all dwellings, dwelling units, rooming units, and
premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, and its premises shall give the Code Enforcement Officer
free access thereto at all reasonable times for the purpose of such
inspection, examination and survey.
Whenever the Code Enforcement Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter, he shall give notice of such alleged
violation to the person responsible, therefore which shall:
A.
Be in writing.
B.
Contain a statement of the reason why it is being issued.
C.
Allow a reasonable time for the performance of any act it requires
(30 days maximum).
D.
Contain an outline of remedial action, which, if taken, will effect
compliance with the provisions of this chapter.
E.
Be served upon the owner or his agent, or the occupant, as the case
may require. Such notice shall be deemed to be properly served upon
such owner or agent, or on any such occupant, if a copy thereof is:
Any dwelling or dwelling unit which shall be found to have any of the defects set out in this chapter shall be declared unfit for human habitation and shall be so designated and placarded by the Code Enforcement Officer when the person responsible has failed to correct the conditions set forth in a notice issued in accordance with § 101-13.
No person shall deface or remove the placard from any dwelling
or dwelling unit which has been condemned as unfit for human habitation
and placarded as such, except as may be provided.
Any person affected by any notice or order relating to the condemning
and placarding or a dwelling or dwelling unit as unfit for human habitation
may request and shall be granted a hearing on the matter before the
ICC Property Maintenance Board of Appeals under the procedure set
forth in this chapter.
A.
It shall be unlawful for the owner of any dwelling or dwelling unit
upon whom a notice of violation or compliance order has been served
to sell, transfer, mortgage, lease or otherwise dispose of the dwelling
to another until the provisions of the notice of violation or compliance
order have been complied with, or until such owner shall first furnish
to the grantee, lessee or mortgagee a true copy of any notice of violation
or compliance order issued by the Code Enforcement Officer. A transferee,
lessee or mortgagee who has received actual or constructive notice
of the existence of a notice of violation or compliance order shall
be bound by such notice as of the date of the transfer without further
service of notice upon him.
B.
The owner to whom a dwelling or dwelling unit has been transferred
may consent to make repairs which have been required by a notice of
violation from the Code Enforcement Officer, by signing an agreement
with the Borough agreeing to make the repairs required by the violation
notice on or before a date as determined by the Code Enforcement Officer.
Upon receipt of such agreement, the Code Enforcement Officer may issue
an occupancy permit to be held by the Borough until such time as the
repairs are completed by the new owner of the dwelling or dwelling
unit. The form of this agreement shall contain the following.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall affect or impair
any of the remaining provisions, sentences, clauses, sections or parts
of this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
