[HISTORY: Adopted by the Borough Council of the Borough of
Chalfont 12-30-2003 by Ord. No.
335 (Ch. 5, Part 6, of the 2010 Code of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 180.
The purpose of this chapter is to protect the public health,
safety and welfare by controlling and regulating the occupancy of
both leased properties and properties in which title of ownership
is transferred, in order to ensure that said properties and any use
thereof will in no way adversely affect the public health, safety
or welfare of any individual or the community as a whole.
Where the following words are used in this chapter, they shall
be defined as follows:
Any of the following person or persons, either singly or
in combination, who shall serve at the pleasure of Borough Council
to make the proper occupancy inspections:
Any building, building structure, temporary building or temporary
building structure in which any portion of the building, building
structure, temporary building or temporary building structure is wholly
or partly used for any enterprise, mercantile transaction, occupation
or endeavor.
A building structure, including temporary housing, which
is wholly or partly used or intended to be used for living or sleeping
by human occupants, including single-room dwelling units and multiroom
units.
Any building, building structure, temporary building or temporary
building structure, including but not limited to temporary housing,
which is wholly or partly used or intended to be used for living or
sleeping by a human occupant or human occupants, including single-room
dwelling units and multiroom dwelling units.
Any group of rooms forming a single habitable unit used or
intended to be used for living and sleeping as well as for cooking
and eating purposes.
Any person, firm, corporation, association, partnership or
other legal entity which alone, jointly or severally with others holds
legal or equitable title to any building within the Borough of Chalfont.
Any individual or group of individuals.
Any room forming a single habitable unit used or intended
to be used for living and sleeping, but not for cooking or eating
purposes.
A.
Each and every time a business or dwelling unit, including a single-room
dwelling unit or a multiroom dwelling unit, is rented, leased or sold,
the owner and/or the executor, administrator, guardian or representative
of a deceased or incompetent owner and/or president of any corporation
which is the owner and/or all joint owners shall apply for and obtain,
by not later than 72 hours prior to occupancy or sale, an occupancy
certificate from the Building Inspector of the Borough of Chalfont.
The application for an occupancy certificate may be made by an agent
of the person or persons whose responsibility it is to obtain the
occupancy certificate.
B.
An applicant for a certificate of occupancy shall inform the renter,
lessee or buyer of said property of the result of the inspection prior
to the lease, rental or sale.
C.
Should an inspection result in the denial of a certificate of occupancy,
the lease, rental or sale may still take place; however, no one shall
occupy the premises until another inspection by the Building Inspector
is made and a certificate of occupancy is issued.
D.
In the event that the premises are occupied when a certificate of
occupancy is denied, depending on the particular defective condition
and in the sole discretion of the Building Inspector, the Building
Inspector may allow occupancy to continue for a reasonable amount
of time, but in no event shall it exceed 90 days.
No occupancy certificate shall be issued for any business or
dwelling unit or building, single-room unit or multiroom dwelling
unit unless the business or dwelling unit or building complies with
the Borough of Chalfont Residential Occupancy Inspection Checklist,
attached hereto as Exhibit A and incorporated herein by reference.[1]
[1]
Editor's Note: The checklist is included as an attachment to this chapter.
A.
Prior to issuing an occupancy certificate, the Building Inspector
shall inspect the business or dwelling unit or building to determine
whether or not it complies with the requirements as set forth in this
chapter. When the unit meets the requirements, an occupancy certificate
shall be issued for such fee as may be set forth in the Borough of
Chalfont Fee Schedule,[1] but not less than $75 for the initial inspection, including
one reinspection, and $25 for a second or subsequent reinspection.
[1]
Editor's Note: The current Fee Schedule is on file in
the Borough offices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, including any owner, who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding 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 court costs and reasonable attorney's fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Bucks County.
