Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[Adopted 9-14-2017 by Ord. No. 713]
The following terms shall have the meanings indicated:
COMMON AREA
All areas of a building within which a dwelling is located, both interior and exterior, but which are not interior to a dwelling unit.
DWELLING
A building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
A room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
EXTERIOR PROPERTIES
The open space on the premises under the control of the owners or operator of such premises.
IMPROVED PROPERTY
Any property containing residential or accessory structure improvements.
LANDLORD
A person, firm, partnership, corporation, association, or other entity owning, managing, or acting as an agent for the owner or manager of a dwelling, dwelling unit, or rental dwelling.
RENTAL DWELLING
A dwelling unit which is rented or leased with or without written documentation. This shall include, but is not limited to: houses, apartments, and boarding/rooming houses.
RENTAL UNIT
Any building, structure, or part of a building or structure which is leased, rented, let out, or otherwise occupied by any person other than the owner of the property. A rental unit includes a residential structure or a portion of a structure, such as a house, apartment, boarding room, or motel room.
SALE
The transfer of ownership of and/or title to property from one person or entity to another.
TEMPORARY HOUSING
A structure that, by the way it has been built, is not expected to maintain its durability for as long a period of time as, but has some of the facilities of, a conventional dwelling.
TENANT
Any person, firm, partnership, corporation, association, or other entity that rents, leases, or occupies any improved property from a landlord, other than the owner of the property.
VIOLATION
Noncompliance with any provision of the Code of Ordinances of Upper Chichester Township.
No person, firm, partnership, corporation, or other entity, or agent for a person, firm, partnership, corporation, or other entity, shall sell or permit to be sold any improved property without first obtaining a certificate of occupancy from Upper Chichester Township as hereinafter set forth below.
The fee for the certificate of occupancy shall be as established by resolution of Upper Chichester Township.
All procedures and requirements of the Municipal Code and Ordinance Compliance Act, Act 133 of 2016,[1] will be adhered to prior to the issuance of a certificate of occupancy upon the sale of a residential property.
[1]
Editor's Note: See 68 P.S. § 1081.
No person, firm, partnership, corporation, or other entity, or agent for a firm, partnership, corporation, association, or other entity, building or adding to an addition to an existing structure shall occupy or permit the same to be occupied without first obtaining a certificate of occupancy from Upper Chichester Township as set forth in this article.
A. 
No person, firm, partnership, corporation, association, or other entity, or agent of a person, firm, partnership, corporation, association, or other entity, managing, conducting, owning, or operating a dwelling, dwelling unit, or rental unit shall rent, lease, letout, or permit to be occupied the same without first obtaining a certificate of occupancy from Upper Chichester Township as set forth in this article.
B. 
A certificate of occupancy issued for a rental unit must be renewed annually.
C. 
A certificate of occupancy is revocable for any violation of any provision of this article or any other applicable provision of the Code of Ordinances of Upper Chichester Township. If an inspection and issuance of a certificate of occupancy has occurred as a result of a change of occupancy, the certificate of occupancy issued shall be valid for 12 months from the date of issuance, or upon a change in occupancy, whichever shall first occur.
D. 
A separate certificate of occupancy for any rental dwelling or rental unit containing more than two dwelling units must be obtained annually upon the completion of quarterly random inspections of the common area of the rental dwelling or rental unit. Each rental unit is also subject to inspection upon a change of occupancy.
A new tenant registration is required at the time of a change in occupancy.
In order to be eligible for a certificate of occupancy, the dwelling, dwelling unit, or rental unit must be in compliance with all existing provisions of the Code of Ordinances of Upper Chichester Township, and all existing laws of the Commonwealth of Pennsylvania as regards building, plumbing, electrical, zoning, health and safety, fire or fire prevention, minimum housing standards, and property maintenance.
All requests for certificates of occupancy must be made to Upper Chichester Township on the application form supplied by Upper Chichester Township. All required fees must be paid at the time of application. An inspection will be conducted within 30 days of application. The owner, owner's agent, or applicant must be present at the time of inspection.
A. 
Upon completion of an inspection of a rental dwelling or rental unit, if any violations are found of the Code of Ordinances and/or the laws of the Commonwealth of Pennsylvania as set forth above, the certificate of occupancy will be denied. An inspection report will be issued with all violations listed. Upon correction of all violations, a new application for a certificate of occupancy must be made, and a reinspection made. A reinspection fee must be paid at that time.
B. 
Upon completion of an inspection of the sale of a dwelling, if any violations are found of the Code of Ordinances and/or the laws of the Commonwealth of Pennsylvania as set forth above, the procedures as set forth in the Municipal Code and Ordinance Compliance Act, Act 133 of 2016,[1] shall govern.
[1]
Editor's Note: See 68 P.S. § 1081.
An owner or his/her agent must be in possession of a certificate of occupancy before allowing any dwelling, dwelling unit, rental dwelling, or rental unit to be occupied.
Any person, firm, partnership, corporation, association, or other entity, or any agent of any person, firm, partnership, corporation, association, or any other entity who shall violate any provision of this article shall, upon conviction, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and in default of payment of such fine and costs shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Commissioners that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.