[Adopted 6-16-2016 by Ord. No. 1373]
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
CONSTRUCTIVE KNOWLEDGE
Knowledge of a violation listed on the seller's property
disclosure statement made pursuant to the act of July 2, 1996 (P.L.
500, No. 84), known as the "Real Estate Seller Disclosure Act," a violation appearing on a buyer's notification certificate
provided by a municipality or a violation that is a matter of public
record.
DATE OF PURCHASE
The closing date or, in cases where the property is sold
pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law," the first day following the right of redemption period
authorized under the Municipal Claims and Tax Liens Law.
KNOWN TO HAVE
Knowledge of a violation based on actual or constructive
knowledge.
MUNICIPALITY
Any city, Borough, incorporated town, township, home rule
municipality, optional plan municipality, optional charter municipality
or any similar general purpose unit of government which may be created
or authorized by statute.
SUBSTANTIAL VIOLATION
A violation of a building, housing, property maintenance
or fire code, which violation posed a threat to health, safety or
property but not a violation of such a code deemed by a court to be
de minimis.
The Borough Manager and Borough Solicitor are hereby authorized
to enforce the provisions of this article.
All ordinances or parts of ordinances in conflict herewith be
and are hereby repealed, except any ordinance or parts of ordinances
that authorize greater remedies than this article are preserved.
The provisions of this article shall be severable and if any
of its provisions are found to be unconstitutional or illegal the
validity of any of the remaining provisions of this article shall
not be affected thereby.
[Adopted 2-16-2017 by Ord. No. 1376]
This article may be cited
as the "Borough of Yeadon Municipal Code and Ordinance Compliance
Ordinance."
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
ACT
November 3, 2016 (P.L. 1047, No. 133), 68 P.S. Ch. 25, known
as the "Municipal Code and Ordinance Compliance Act."
COUNCIL
The Council of the Borough of Yeadon.
DATE OF PURCHASE
The closing date on which title and right to possess the
property transfers to the purchaser and in cases where the property
is sold pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claims and Tax Liens Law," the first day following the right of redemption period
authorized under the Municipal Claims and Tax Liens Law.
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 municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by the Borough as a result of the municipal
inspection of a property 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 the
maintenance and repair provisions of this article.
TEMPORARY USE AND OCCUPANCY CERTIFICATE
A certificate issued by the Borough as a result of the municipal
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
the maintenance and repair provisions of this article.
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.
USE AND OCCUPANCY CERTIFICATE
A certificate issued by the Borough stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
VIOLATION
A violation of a properly adopted 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 municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
Within 12 months of the date of purchase, or longer subject
to an agreement between the purchaser and the Borough, any purchaser
of any building, structure or part of a building or structure known
to have one or more violations or one or more substantial violations
of the Borough municipal codes relating to building, housing, property
maintenance or fire shall: bring the building, structure or that part
of a building or structure into compliance with those codes; or demolish
the building or structure in accordance with the law.
Any purchaser of any lot or parcel of land having one or more
substantial violations of Borough municipal nuisance ordinances relating
to maintenance, health or safety is required to make a reasonable
attempt to abate the nuisance within one year of the date of purchase.
If the Borough determines through an inspection that a property
has at least one substantial violation, the Borough may issue a temporary
access certificate solely for the purpose of correcting substantial
violations pursuant to the maintenance and repair provisions of the
Act.
A. No occupancy. No person shall occupy a property during the term of
the temporary access certificate.
B. Reinspection. The Borough shall reinspect the premises for the purposes
of determining compliance with the Borough Code. Provided, however,
the property owner may request an early inspection and the Borough
may conduct said reinspection consistent with the business of the
Borough. In the event that the substantial violations are not corrected
within 12 months, the Borough shall revoke the temporary access certificate
and avail itself of any remedies available at law. In the event that
the violations are corrected within 12 months, the Borough shall issue
an use and occupancy permit.
If the Borough determines through an inspection that a property
has at least one violation, the Borough may issue a temporary use
of occupancy and occupancy permit.
A. Reinspection. The Borough shall reinspect the premises for the purposes
of determining compliance with the Borough Code. Provided, however,
the property owner may request an early inspection and the Borough
may conduct said reinspection consistent with the business of the
Borough. In the event that the violations are corrected within 12
months, the Borough shall issue an use and occupancy permit. In the
event that the violations are not corrected within 12 months, the
Borough shall revoke the temporary use and occupancy permit and avail
itself of any remedies available at law.
The violation of this article shall constitute a summary offense.
Any purchaser failing to comply with the requirements of this article
shall be held personally liable for the costs of repairs or demolition
and a criminal fine of $1,000 per violation or imprisonment, as allowed
by law for the punishment of a summary offense, plus court costs and
reasonable attorney fees incurred by the Borough in the enforcement
proceedings. A separate violation shall arise for each day of the
violation and for violation of each applicable section of this article.
Nothing in this article shall be construed to abridge or alter
the remedies now existing at common law, by statute or by ordinance,
but the provisions of this article are in addition to such remedies.
The provisions of this article shall be severable and if any
of its provisions are found to be unconstitutional or illegal the
validity of any of the remaining provisions of this article shall
not be affected thereby.