As used in this article, the following terms shall have the
meanings indicated:
OCCUPANCY CERTIFICATE
A certificate issued by the Township stipulating that the
property meets all applicable laws, ordinances and regulations of
the Township of Warrington, including the Property Maintenance Code,
and may be used or occupied as intended.
SUBSTANTIAL VIOLATION
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 a Township inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a Township report.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by the Township as a result of the Township
inspection of a property incident to the resale or rental of a property
that identifies at least one substantial violation, and the purpose
of the certificate is to authorize the purchaser or owner to access
the property for the purpose of correcting substantial violations
pursuant to all applicable laws, ordinances, and regulations of the
Township of Warrington 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.
TEMPORARY OCCUPANCY CERTIFICATE
A certificate issued by the Township as a result of the Township
inspection of a property incident to the resale or rental of the property
that reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser or tenant to fully
utilize or reside in the property while correcting violations pursuant
to all applicable laws, ordinances, and regulations of the Township
and the Commonwealth of Pennsylvania, including the Property Maintenance
Code.
UNFIT FOR HUMAN HABITATION
A condition which renders a building or structure, or any
part thereof, dangerous or injurious to the health, safety or physical
welfare of an occupant or the occupants of neighboring dwellings.
The condition may include substantial violations of a property that
show evidence of: a significant increase to the hazards of fire or
accident; inadequate sanitary facilities; vermin infestation; or a
condition of disrepair, dilapidation or structural defects such that
the cost of rehabilitation and repair would exceed 1/2 of the agreed-upon
purchase price of the property.
VIOLATION
A violation of a properly adopted zoning, building, housing,
property maintenance or fire code or maintenance, health or safety
nuisance ordinance that does not rise to the level of a substantial
violation and is discovered during the course of a Township inspection
of a property and disclosed to the record owner or prospective purchaser
of the property through issuance of a Township report.
From and after the effective date of this article, 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 Township of Warrington or permit such a change, without
first obtaining an occupancy certificate or temporary occupancy certificate.
It shall be unlawful for any person, firm or corporation to
occupy any residential dwelling unit, or commercial or industrial
building within the Township of Warrington when an occupancy certificate
or temporary occupancy certificate is required by this article, without
first obtaining such a certificate.
It shall be unlawful for any person, firm or corporation to
sell or lease any residential dwelling unit, or commercial or industrial
building within the Township of Warrington without first obtaining
an occupancy certificate, temporary occupancy certificate, or temporary
access certificate, regardless of whether 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 other subsidiary thereof,
which losses incurred on a loan or other obligation in default secured
by a mortgage, deed of trust or other lien on the property.
Upon receipt of a properly completed application for an occupancy
certificate and payment of the required fee, the Township 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 Township of Warrington and the Commonwealth of Pennsylvania,
including the Property Maintenance Code.
If, upon inspection, the Township shall determine that the residential
dwelling unit, or commercial or industrial building is in compliance
with all applicable laws, ordinances, and regulations, then the Township
shall issue an occupancy certificate to the applicant.