[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift 8-6-2007 by Ord. No.
8-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure which has a use, either partially or fully,
for commercial or business purposes.
Any single-family house, apartment building, duplex, multifamily
structure or other living quarters of whatsoever kind.
Any person or persons occupying a structure, as that term
is herein defined.
Any person who, alone or jointly or severally with others,
shall have legal title or equitable title to any building, structure
or premises, with or without accompanying actual possession thereof,
and shall include fiduciaries or any other person or persons having
a vested or contingent interest in the property in question.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. Persons
shall also include an executor, administrator, trustee, receiver or
other representative appointed according to the requirements of the
law. Whenever the word "person" is used in any section of this chapter
prescribing a penalty or fine, as to partnerships or associations,
the word shall include the partners or members thereof; as to corporations,
it shall include the officers, agents or members, who are responsible
for any violations of any section of this chapter.
Any building used or intended for supporting or sheltering
any use or occupancy.
No structure or part thereof may hereafter be used or occupied
until such time as the owner or his agent or the occupant has secured
an occupancy permit to be issued by the office of the Borough Secretary
or the designated agent of Vandergrift Borough, as may be amended
from time to time hereafter by resolution. The requirements for inspection
are in addition to those as required by the Residential Rental Property
License Ordinance, known and identified at Ordinance No. 3 of 2004.[1] Structures presently occupied prior to the enactment of
this chapter shall not be subject to the occupancy permit requirements
of this chapter until such time as there is a change in the owner
of the structure. It shall be unlawful to change owners of a structure
unless an occupancy permit has been issued by the Borough Secretary's
office or its designated agent prior to said change, stating that
the structure, land or premises conforms to the Code requirements
of Vandergrift Borough in place at the time of application, which
said requirements may be amended from time and time hereafter, but
shall remain the basis of the requirements of this chapter.
A.
The owner, or his or her lawful agent, shall be required to secure an occupancy permit as set forth in § 317-2 (above) and shall notify the Office of the Borough Secretary of the Borough of Vandergrift of the date upon which such change in ownership shall take place by and through the transfer of a deed for the property in question. Thereafter, and upon proper application and payment of all fees to the Borough of Vandergrift, an authorized representative of the Borough of Vandergrift shall inspect the structure involved within 14 days of the date of the presentation of the application and payment for the same subject to the requirement that the application shall be reviewed and approved prior to acceptance as an incomplete application shall be rejected. It is further provided that any circumstance where the transferee of the property does not intend to seek occupancy for human occupation (residential or commercial) immediately, as a result of necessary rehabilitation, restoration or improvements, said transferee shall file with the Borough of Vandergrift a request for a clear to close, but not occupy approval, which said application shall be presented to the Borough of Vandergrift, not less than five business days prior to an intended transfer of the deed from the transferor to the transferee and shall be subject to review and approval by the UCC Code Enforcement Officer as designated by the Borough of Vandergrift, prior to the issuance of an authorization identified as a clear to close, but not occupy, clearance.
[Amended 9-4-2018 by Ord.
No. 1-2018]
B.
Each and every application for building permit shall necessitate to filing of either a request for occupancy permit or a request for a clear to close, but not occupy clearance and every request for a lien clearance letter, from the Borough of Vandergrift shall be accompanied with either a request for occupancy permit application form or a request for clear to close, but not occupy clearance letter to be issued by the Borough of Vandergrift following the review as identified in § 317-3A above.
[Amended 9-4-2018 by Ord.
No. 1-2018]
(1)
In circumstances requesting an occupancy permit, unless otherwise requested in advance, upon submission of an application for occupancy permit, the Borough of Vandergrift shall schedule an inspection pursuant to the terms set forth in § 317-3A above, within the time limits identified therein. Under circumstance where a clear to close, but not occupy clearance is requested the same shall be reviewed by the UCC Code Enforcement Officer as designated by the Borough of Vandergrift, pursuant to the time limits set forth in § 317-3A above, and, upon approval, a letter shall be issued by the Borough of Vandergrift to the realtor and/or closing agent for the transferee notifying of the Borough's decision in either granting or denying the request for a clear to close, but not occupy clearance letter. If denied, the Borough of Vandergrift shall set forth specific reasons for denial based upon a variety of factors, including, but not limited to, review by the Borough Engineer, review by the Code Enforcement Officer, review by the Borough Solicitor or review by the Vandergrift Borough Police or Fire Departments of the Borough of Vandergrift. Reasoning for the denial shall be set forth clearly. Any aggrieved person may file an appeal to the Council of the Borough of Vandergrift who shall schedule a hearing, within 60 days of the request for a hearing, said hearing to be held as a public hearing before the Council of the Borough of Vandergrift. Applicants for such an appeal shall pay, at the time of application, a fee of $850, which said amount shall be utilized by the Borough of Vandergrift to cover necessary advertising costs and administrative costs. Said fee may be amended, from time to time hereafter, by resolution of the Council of the Borough of Vandergrift.
(2)
If the request presented is for an occupancy permit, upon successful
completion of the inspection process, a denial shall be issued if
issues arise in the inspection process which would require resolution
of the same prior to occupancy. The UCC Code Enforcement Officer shall
be permitted to extend, a period of 30 days, for completion of necessary
repairs or renovations and to schedule a reinspection. Upon successful
completion of the reinspection process, an occupancy permit shall
be issued. The Borough of Vandergrift may issue a building permit,
as deemed necessary, to complete any necessary repairs or renovations;
however, under no circumstance shall the issuance of a building permit
allow any form of temporary occupancy of the structure. Occupancy
of the structure shall not be permitted, under any circumstance, absent
a valid, executed occupancy permit. If the Borough of Vandergrift
approves a clear to close but not occupy, the property shall be posted
with a notice indicating that the property has been cleared for transfer
from a transferor to a transferee but is not registered or approved
for occupancy. Said notice to be placed prominently on the front of
the structure and shall remain on the structure until such time as
the property has been subjected to a full occupancy inspection for
occupancy permit and until the same has been granted and issued upon
payment of all costs and fees, by the Borough of Vandergrift.
C.
The application for an occupancy permit shall disclose, at a minimum,
the following information:
(1)
Name and address where mail may be received by the applicant for
the occupancy permit.
(2)
Intended owner of the structure requesting the occupancy permit.
(3)
If for an intended rental unit, an indication that a rental licensing
inspection will be required (the same may be conducted simultaneously
with the occupancy permit inspection).
(4)
Total number of rooms in the building.
(5)
Total number of full or partial bathrooms in the building.
(6)
Total number of full or partial kitchen facilities in the building.
(7)
Date, if known, when a prior occupancy permit inspection would have
been conducted.
[Amended 5-1-2018 by Ord.
No. 1-2017]
D.
All applications for the initial occupancy permit inspection must
be accompanied with a check made payable to Vandergrift Borough in
the amount of $50, which said amount may be amended from time to time
hereafter by resolution of the Council of Vandergrift Borough.
E.
An application for a clear to close, but not occupy permit shall
disclose, at minimum, the following information:
[Added 9-4-2018 by Ord.
No. 1-2018]
(1)
Name and address where mail may be received by the applicant for
the occupancy permit.
(2)
Intended owner of the structure requesting the occupancy permit.
(3)
If for an intended rental unit, an indication that a rental licensing
inspection will be required. (The same may be conducted simultaneously
with the occupancy permit inspection).
(4)
Total number of rooms in the building.
(5)
Total number of full or partial bathrooms in the building.
(6)
Total number of full or partial kitchen facilities in the building.
(7)
Reason for request for clear to close but not occupy.
(8)
Applications for clear to close but not occupy must be accompanied
with a check made payable to the Borough of Vandergrift in the amount
of $50, which said amount may be amended from time to time hereafter
by resolution of the Council of the Borough of Vandergrift and which
shall be considered a separate fee from any request for an occupancy
inspection/occupancy permit.
F.
Repealer. Any part or provision of any other Ordinance which conflicts
with the provisions of this section shall be repealed to the extent
that they conflict herewith.
[Added 9-4-2018 by Ord.
No. 1-2018]
G.
Severability. If any sentence, clause, section or part of this section
is, for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutional, illegal or invalid part or portion shall be
removed and shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this section. It is hereby
declared that it is the intent of the Borough of Vandergrift that
this section would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herewith.
[Added 9-4-2018 by Ord.
No. 1-2018]
H.
Effective date. This section shall be effective immediately upon
enactment.
[Added 9-4-2018 by Ord.
No. 1-2018]
A.
Upon receipt of the completed occupancy permit application, the Borough
Secretary shall cause a preliminary inspection of the building to
be made by an authorized representative of Vandergrift Borough, which
said inspection shall include, but not be limited to, structural safety,
plumbing, heating, electrical, space and facility requirements, sanitation
and suitability of the structure for human habitation. If after the
preliminary inspection it is determined by the representative of Vandergrift
Borough that the structure is inadequate in any of the preliminary
matters, the Borough shall require an additional in-depth full-scale
building inspection to be required prior to further action being taken
on the application for occupancy permit.
B.
In the event that a full-scale building inspection is required, a
representative of Vandergrift Borough shall cause the full-scale inspection
to concentrate its efforts on matters discovered in the preliminary
inspection which indicate deficiency in sanitation, habitability,
structural safety, plumbing, heating, electrical systems and/or space
and facility requirements as identified in the preliminary inspection.
The fee for the full-scale inspection shall be $150 and must be paid
in advanced of any inspection to be conducted with a check made payable
to Vandergrift Borough.
C.
Upon completion of the full-scale building inspection, a list of
deficiencies shall be presented to the prospective owner or his agent
or the individual who has requested the occupancy permit. Upon correction
of the deficiencies identified, the said individual or his agent who
was the recipient of the deficiency report shall then request a final
inspection. When final inspection shows that no deficiencies remain
uncorrected and that the building meets the requirements of this chapter
as required by the Building and Zoning Codes of Vandergrift Borough,
as incorporated herein by reference and as amended, the Borough Secretary
shall then issue the necessary occupancy permit. In the event that
the building is to be occupied by a tenant, the terms and conditions
of the Residential Rental Property Ordinance of Vandergrift Borough,
namely Ordinance No. 3 of 2004, and any amendments thereto, shall
apply.[1]
D.
The owner, agent or person requesting a building permit, lien letter
or occupancy permit may request a full-scale building inspection in
advance of applying for an occupancy permit in an effort to expedite
the processing of an occupancy permit by filing in advance the application
for the occupancy permit which identifies the necessary information
for the representative for Vandergrift Borough to conduct the inspection
process.
E.
If the deficiencies noted in the preliminary inspection or in the
full-scale building inspection are not corrected within 30 days of
notice, the Borough Secretary shall, in addition to denying occupancy
to the structure, be permitted to utilize any and all information
obtained during the inspection process and/or the preliminary application
process for purposes of commencing legal proceedings to have the deficiencies
corrected or eliminated which constitute a health safety and welfare
hazard for the citizenry of Vandergrift Borough.
It shall be a violation of the terms of this chapter for any
person to occupy a structure prior to the issuance of an occupancy
permit. It shall be a violation of the terms of this chapter for an
owner to allow the property to be occupied by any person or persons
without first obtaining the necessary occupancy permit or necessary
residential rental property permit for Vandergrift Borough.
Each day is a separate violation of this chapter if a structure
is occupied without an appropriate occupancy permit. Any person violating
any of the provisions of this chapter shall, upon conviction in any
court of competent jurisdiction, be sentenced to pay a fine of not
less than $300 per day. Where any such violation is by a firm, partnership,
association or corporation, the fine or penalty may be imposed upon
any of the partners, members or corporate officers.
A.
The office of the Borough Secretary, on behalf of Vandergrift Borough,
shall collect and receive the fees imposed by this chapter, shall
maintain records evidencing the amounts received and the dates such
amounts were received; the Borough Secretary shall issue all forms
necessary for the administration of this chapter and shall supervise
the Borough personnel charged with carrying out the inspections. The
Borough Secretary or his/her authorized representative of the Borough
may examine the records of any owner, rental agent or tenant to ascertain
the accuracy of any application for occupancy permit. Every owner,
rental agent or tenant shall give the Borough Secretary or the Borough
Secretary's authorized representative all means, facilities and
opportunities for the examination of records and inspection as are
hereby authorized by this chapter.
B.
Failure to provide access to a structure for inspection within the
time limits as identified in this chapter shall be deemed a denial
of access to the property and shall result in a denial of an occupancy
permit.
