As used in this chapter, the following terms shall have the
meanings indicated:
OCCUPANCY CERTIFICATE
A certificate issued by the Borough stipulating that the
property meets all applicable laws, ordinances, and regulations of
the Borough of Jenkintown and the Commonwealth of Pennsylvania, 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 Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough report.
TEMPORARY ACCESS CERTIFICATE
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 Jenkintown
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 personal
property 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 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
Jenkintown 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 Jenkintown 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 Borough of Jenkintown when an occupancy certificate
or temporary occupancy certificate is required by this chapter, without
first obtaining such a certificate, or continue to occupy any such
unit or building with an expired certificate.
Occupancy certificates issued for nonowner-occupied residential
dwelling units shall expire three years after the date of issuance
or when there is an occupancy change, whichever occurs first. An application
for a new occupancy certificate shall be made prior to the expiration
of an occupancy certificate, in compliance with the requirements of
this chapter.
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 Jenkintown 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 take 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 Jenkintown 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 Jenkintown 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 Jenkintown and the Commonwealth of Pennsylvania, including the Property Maintenance Code. See Chapter
107, Part 4, of the Jenkintown Borough Code of Ordinances.
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.
The Council of the Borough of Jenkintown, 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 part.