[HISTORY: Adopted by the Borough Council of the Borough of
Trappe 8-1-2017 by Ord. No. 442. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A certificate issued by the Borough stipulating that the
property meets all applicable laws, ordinances and regulations of
the Borough of Trappe and the Commonwealth of Pennsylvania, including
the Property Maintenance Code,[1] and may be used or occupied as intended.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough report.
A certificate issued by the Borough as a result of the inspection
of the property by the Borough incident to the resale of the property
that identifies at least one substantial violation, and the purpose
of the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations pursuant to all
applicable laws, ordinances and regulations of the Borough of Trappe
and the Commonwealth of Pennsylvania, including the Property Maintenance
Code. No person may occupy a property during the term of a temporary
access certificate, but the owner shall be permitted to store personalty
that is related to the proposed use or occupancy of the property or
is needed to repair the substantial violations during the time of
the temporary access certificate.
A certificate issued by the Borough as a result of the Borough
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations pursuant to
all applicable laws, ordinances and regulations of the Borough of
Trappe and the Commonwealth of Pennsylvania, including the Property
Maintenance Code.
From and after the effective date of this chapter, it shall be unlawful for any person, firm or corporation to change the occupancy of any residential dwelling unit or commercial or industrial building within the Borough of Trappe, or permit such a change, without first obtaining an occupancy certificate or temporary occupancy certificate. This provision shall not apply to properties for which a valid residential rental license has been issued pursuant to Chapter 253 of the Code of the Borough of Trappe.
It shall be unlawful for any person, firm or corporation to
occupy any residential dwelling unit or commercial or industrial building
within the Borough of Trappe when an occupancy certificate or temporary
occupancy certificate is required by this chapter without first obtaining
such a certificate or to continue to occupy any such unit or building
with an expired certificate.
It shall be unlawful for any person, firm or corporation to
sell any residential dwelling unit or commercial or industrial building
within the Borough of Trappe without first obtaining an occupancy
certificate, temporary occupancy certificate, or temporary access
certificate, regardless of whether or not there is a change in occupancy
at the time of such sale. This requirement shall not apply to real
estate transfers to any bank, savings association, credit union, mortgage
lender, or any similar financial institution or subsidiary thereof,
which takes title to the property for the purpose of holding the property
for sale to offset losses incurred on a loan or other obligation in
default secured by a mortgage, deed of trust or other lien on the
property.
Applications for occupancy certificates shall be made to the
Borough of Trappe on forms provided for that purpose.
Upon receipt of a properly completed application for an occupancy
certificate and payment of the required fee, the Borough of Trappe
shall promptly inspect the residential dwelling unit or commercial
or industrial building which is the subject of the application to
determine if the building conforms to all applicable laws, ordinances
and regulations of the Borough of Trappe and the Commonwealth of Pennsylvania,
including the Property Maintenance Code.[1]
If, upon inspection, the Borough shall determine that the residential
dwelling unit or commercial or industrial building is in compliance
with all applicable laws, ordinances and regulations, then the Borough
shall forthwith issue an occupancy certificate to the applicant.
A.
If, upon inspection, the Borough of Trappe shall determine that the
residential dwelling unit or commercial or industrial building is
not in compliance with all applicable laws, ordinances and regulations,
then the Borough shall refuse to issue an occupancy certificate and
shall promptly notify the applicant, in writing, of the refusal and
the specific reasons therefor, with citations of the specific sections
and subsections of the laws, ordinances and regulations being violated.
Upon notification by the applicant that the residential dwelling unit
or commercial or industrial building has been brought into compliance,
the Borough shall conduct a reinspection and, upon a determination
that the unit or building is in compliance, shall issue an occupancy
certificate to the applicant.
B.
If Borough inspection of a property incident to the resale of the
property reveals a violation but no substantial violation(s), the
Borough shall refuse to issue an occupancy certificate and instead
shall issue a temporary occupancy certificate and shall promptly notify
the applicant, in writing, of the refusal and the specific reasons
therefor, with citations of the specific sections and subsections
of the laws, ordinances and regulations being violated.
C.
If Borough inspection of a property incident to the resale of the
property reveals at least one substantial violation, the Borough shall
refuse to issue an occupancy certificate and instead shall issue a
temporary access certificate and shall promptly notify the applicant,
in writing, of the refusal and the specific reasons therefor, with
citations of the specific sections and subsections of the laws, ordinances
and regulations being violated.
A.
Substantial violations.
(1)
Any purchaser of property with a known substantial violation of any
applicable laws, ordinances and regulations must bring the property
into compliance in accordance with the law within 12 months of the
date of purchase. At the request of the property owner, the Borough
may, at its discretion, negotiate for a longer period of time for
maintenance and repair of the structure under a temporary certificate.
(2)
At the expiration of the twelve-month period, or before that time
if requested by the property owner, the Borough shall reinspect the
property for the purpose of determining compliance with the cited
violations. If a temporary access certificate has been issued and
reinspection indicates that the noted substantial violations have
been corrected but other cited violations remain, the Borough shall
issue a temporary occupancy certificate to be valid for the time remaining
on the original temporary access certificate. If reinspection indicates
that all noted violations have been corrected, the Borough shall issue
an occupancy certificate for the property.
B.
Nonsubstantial violations.
(1)
Any purchaser of property with a known violation of any applicable
laws, ordinances and regulations which is not a substantial violation
must bring the property into compliance in accordance with the laws
within 12 months of the date of purchase. At the request of the property
owner, the Borough may, at its discretion, negotiate for a longer
period of time for compliance.
(2)
At the expiration of the twelve-month period, or before that time
if requested by the property owner, the Borough shall reinspect the
property for the purpose of determining compliance with the cited
violations. If reinspection indicates that all noted violations have
been corrected, the Borough shall issue an occupancy certificate for
the property.
The Council of the Borough of Trappe shall, from time to time,
establish by resolution such fee as it deems reasonable and proper
to be charged for the issuance of an occupancy certificate, temporary
occupancy certificate and temporary access certificate pursuant to
the provisions of this chapter.
Any person who violates any provision of this chapter shall,
upon conviction, pay a fine of not more than $500 and costs of prosecution
and, in default of payment of fines and costs, undergo imprisonment
for not more than 30 days, and each day's continuance of a violation
shall constitute a separate offense.
