[Adopted 10-12-1998 by Ord. No. 98-8]
No dwelling house, apartment or other type of living unit, commercial,
industrial or educational buildings can be occupied until such time
as the owner of the structure secures an occupancy and/or use permit
to be issued by the Borough Building Inspector or Zoning Officer.
No change in the use or reuse or character of the occupancy of land
or of an existing building shall be made, nor shall any new building
be occupied for any purpose until an occupancy and/or use permit has
been issued by the Building Inspector or Zoning Officer.
Any owner seeking an occupancy and/or use permit as required
by this part must file with the Building Inspector or Zoning Officer
an application in writing, on a form to be furnished by the Building
Inspector or Zoning Officer for that purpose.
The amount of the fee for an occupancy and/or use permit shall
be set forth in a fee schedule as adopted by resolution of Borough
Council, and said fee shall accompany each application for said permit.
[Amended 12-22-2022 by Ord. No. 22-10]
1.
No occupancy and/or use permit shall be issued until such time as
the premises are deemed to be livable and habitable or fit for the
intended residential, commercial, industrial or educational use and
in compliance with all building, fire or zoning codes of the Borough
of Sharpsburg. The Building Inspector or Zoning Officer may make an
inspection to ensure that all Borough codes, ordinances and regulations
are followed. The Building Inspector or Zoning Officer shall inspect
all properties prior to title transfer as described below.
2.
No occupancy and/or use permit shall be issued until the erection,
construction or alteration has been completed or the use established
and inspected and approved by the Borough Building Inspector or Zoning
Officer, and no building or premises shall be occupied until the permit
is issued. The occupancy and/or use permit shall be issued or written
notice shall be given to the applicant stating why a permit cannot
be issued no later than 30 days after the Borough of Sharpsburg receives
said application.
3.
The Building Inspector or Zoning Officer shall inspect all properties
prior to title transfer. There are three pathways to compliance: 1)
there are no violations and the property passes inspection; 2) the
seller abates all noncompliant findings prior to title transfer; or
3) the buyer agrees, in writing via the letter of intent to remedy,
to make all necessary repairs and to obtain an inspection prior to
habitation of the unit. Failure to pass inspection, or for the buyer
to provide a notarized letter of intent to remedy, may result in delayed
release of a municipal lien letter.
The Council for the Borough shall grant or deny the application
for the use permit only after receiving a recommendation from the
Zoning Officer within 30 days from the date of the application being
received by the Borough of Sharpsburg. The Building Inspector shall
grant or deny the application for the occupancy permit within 30 days
from the date of the application being received by the Borough of
Sharpsburg. If the application being received by the Borough of Sharpsburg
is denied, the applicant shall be informed in writing of the reasons
for the denial, and the applicant shall also be advised of his rights
to appeal to the Zoning Hearing Board or the procedures as set forth
in the Building Code,[1] whichever is applicable.
The occupancy and use permit does not replace nor shall be construed
as a replacement or substitute for a building permit or certificate
of zoning, and nothing in this part shall change, alter or replace
the occupancy and use classifications and occupancy and use divisions
established in the Borough of Sharpsburg Building Code.[1]
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, 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 or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
