[HISTORY: Adopted by the Board of Supervisors of Carroll
Township 9-17-2002 by Ord. No.
2002-138. Amendments noted where applicable.]
A.
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the Township:
B.
On a form furnished by the Township, application for a certificate
of occupancy for a new building or for an existing building which
has been altered shall be made after the erection of such building
or part thereof has been completed in conformity with the provisions
of this chapter, and in the case of a new building, shall be accompanied
by an accurate plot plan.
C.
If the proposed use is in conformity with the provisions of this
chapter and all other applicable codes and ordinances, a certificate
of occupancy for the use of vacant land or for change in use of a
nonconforming use shall be issued by the Township within five days
after receipt of a properly completed application. If the certificate
of occupancy is denied, the Township shall state the reasons in writing
to the applicant.
D.
A certificate of occupancy shall be deemed authorized, and is required,
for both initial occupancy and continuance of occupancy and use of
the building or land to which it applies.
E.
On written request by the owner, and upon payment of the applicable
fee, the Township shall, after inspection, issue a certificate of
occupancy for any building or use thereof or of land existing at the
time of the adoption of this chapter, certify thereon such use and
whether or not the same and the building conform to the provision
of this chapter and any and all other applicable ordinances of the
Township.
F.
A record of all certificates of occupancy shall be kept by the Township
and copies shall be furnished on request to any agency of the Township
or to any persons having a proprietary or tenancy interest in the
building or land affected.
The Board of Supervisors, by resolution, as they may from time
to time require, shall set fees, payable in advance, for all applications,
permits, or appeals provided for by this chapter to defray the cost
of advertising, processing, inspecting, mailing notices, charges of
the stenographer for taking the notes of testimony, copying applications,
permits and occupancy certificates.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
This chapter may be enforced through an action in equity brought
in the Court of Common Pleas of York County, which enforcement action
may include a request for an injunction removing the person in violation
of this chapter from the property or such other relief as may be deemed
appropriate by the court. All costs of such equity action shall be
paid by the person in violation of this chapter and may be imposed
by the court as an additional penalty to those imposed above.
Any person aggrieved by the refusal of the Township to issue
an occupancy permit may appeal to the Board of Supervisors for relief
on forms provided by the Township and upon payment of a fee set by
the Township.
