A. 
Scope. The provisions of this article shall govern the minimum conditions required of any existing buildings, structures or lots of ground, involved in property transactions as defined below. As a means to these ends, this article provides for a registration and inspection program for all such properties, and penalties for noncompliance. Such program shall be called the "Property Transfer Resale Inspection Program."
B. 
Program mission and objective. The purpose of this program is to provide the residents of Yeadon with an organized approach at meeting the mission and objectives of the Lansdowne Yeadon Consolidated Code Department as outlined in the Department's mission and objective statement at the beginning of this code.
C. 
Taxes due. No property regulated by this code shall transfer or be occupied until all overdue taxes; trash and sewer fees are paid, and outstanding liens payable to the Borough are satisfied.
D. 
Definitions. The following words and terms shall, for the purposes of this article and as used elsewhere in this code, have the meanings shown herein:
AGENT
A person who shall have charge, care or control of any structure as owner, or agent of the owner, or as executor, executrix, administrator, administrator, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provisions of this code to the same extent as if that person was the owner.
APPLICANT
The owner, buyer, or agent thereof, such as but not limited to a realtor, broker etc., who shall have control, authority and responsibility for the orderly processing of any property regulated by this article.
BUYER'S HOME/BUILDING INSPECTION REPORT AFFIDAVIT
A signed and notarized statement provided by the buyer that such buyer has reviewed the required home/building inspection report in its entirety.
BUYERS PROVISIONAL REQUIREMENTS AFFIDAVIT
A signed and notarized statement provided by the buyer that such buyer is aware of the stipulations outlined on any provisional certificate of use and or occupancy.
OWNER'S PROVISIONAL REQUIREMENTS AFFIDAVIT
A signed and notarized statement provided by the owner that such owner is aware of the stipulations outlined on any provisional certificate of use and or occupancy.
PRIVATE SALE
An often unadvertised sale of property that is not open to the general public and does not take place at a set time or place.
PROPERTY TRANSACTION
A property that is the object of:
(1) 
A sale, foreclosure or other legal action resulting in a change or transfer of ownership.
(2) 
Occupancy of vacant ground, or a newly constructed or enlarged building; change in use of a building or vacant ground.
PUBLIC SALE
A sale (as an auction) that is publicly advertised and that takes place at a location open to the public.
SALE
The transfer of title to property from one party to another for a price.
SALE IN GROSS
A sale of a tract of land that is not made with a guarantee as to the exact amount of land involved or the sale of an undivided property (as in execution of a judgment).
SALE ON APPROVAL
A conditional sale whose completion depends on acceptance of the goods by a buyer (as a consumer) receiving them primarily for use with the option to return them if they do not meet his or her approval even though they conform to contract.
SALE or RETURN
A conditional sale whose completion depends on acceptance of the goods by a buyer (as a merchant) receiving them primarily for resale with the option to return them if they are not resold even though they conform to contract.
SHERIFF'S SALE
A forced sale of property by a sheriff or deputy sheriff.
TAX SALE
A forced sale of property resulting from nonpayment of taxes by the owner.
A. 
Property transactions registration required. No owner or possessor of any real property, land, buildings or structures located in the Borough of Yeadon shall sell, deed, convey or transfer title to such real property, land, building or structures within the Borough of Yeadon unless and until such owner or possessor shall have applied for and been issued a property transfer certificate of occupancy by the Code Department in accordance to § 220-59.
B. 
Exempt property transaction types. Property transactions regulated by this article that occurred prior to August 4, 1994, as covered by Borough Ordinance No. 1229, which was repealed upon enactment of this article, are exempt from the requirements of this article.
C. 
Application process. Application for a property transfer certificate shall be made in writing on a form provided by the Borough upon request. The application shall be completed, signed and delivered by the owner, possessor or agent to the Code Department, along with such application fee as may be established by the Borough from time to time. The application shall state:
(1) 
The names addresses and a phone number of all owners of the premises.
(2) 
Forwarding address of all owners of the premises.
(3) 
The name, local address and telephone numbers, business, home cell and pager if available, of the realtor or agent representing the seller, if applicable.
(4) 
The address of the premises.
(5) 
The type of premises.
(6) 
The proposed use of the structure after transfer.
D. 
Timing of application. The written application for the property transfer certificate shall be submitted to the Code Officer at least 30 days prior to the proposed date of deed, conveyance or transfer of title. By filing the application with the Borough, the owner, possessor or agent of the property involved shall authorize such inspections of the real property, buildings and structures by the Code Officer.
E. 
Additional items to be provided. In addition to the application and all applicable application fees, the owner, possessor or agent of any property subject hereto shall be required to submit the certifications and inspection reports required by § 220-56E and F hereof as well as any additional certifications that the Code Officer may deem necessary pursuant to § 220-4C hereof as a condition to the issuance of a certificate of property transfer.
A. 
Scope of inspections. Following the submittal of an application for a property transfer certificate, it shall be the responsibility of the owner applicant or agent, to contact the Code Department and schedule all inspections. The procedures for such inspections shall be as follows:
(1) 
Advanced notice of inspection request. Inspection request must be made to the Code Department no less than 48 hours prior to the time of the inspection.
(2) 
Inspection representative. The Code Officer shall not enter on or upon any property, or conduct any inspection without being accompanied by the applicant or representative thereof, for the full duration of the inspection.
(3) 
Areas of inspection. All interior and exterior areas of the properties regulated by this code shall be subject to inspection.
(4) 
Inspection type. The inspections performed by the Code Department are visual in nature.
(5) 
Inspection criteria. Inspection shall be performed to identify conditions that pose a threat to the health, safety and welfare of any occupants or general public; and to identify any conditions on the premises that are a public nuisance, offensive condition and or negatively affects the property values of surrounding properties.
B. 
Diagnostic and operational testing. No diagnostic testing or technical evaluations of equipment and services are performed; and that operational testing of switches and valves controlling building utilities, devises and equipment is minimal.
C. 
Inspection liability. The Borough of Yeadon or any employees thereof, assume no liability for the quality of any property inspected.
D. 
Code compliance. All buildings, structures and lots of ground regulated by this article shall be inspected and required to comply with all applicable sections of this code, the Borough's Planning and Zoning Code and the Code of the Borough of Yeadon.
E. 
Termite and pest certifications. With the exception of newly erected buildings or structures, all properties must provide a certificate of proof that the entire property has been inspected for and treated for the abatement of any termites, pests or rodents, to include the removal of any mosquito, mosquito larvae or standing bodies of water that may harbor such mosquito pests. Such certificate shall be dated no more than 90 days prior to the date of settlement or transfer.
F. 
Third-party home/building inspection.
(1) 
All residential properties regulated by this article shall provide a third-party home inspection report from an individual licensed in the state of Pennsylvania in accordance to the Pennsylvania Home Inspection Law (Act 114 of 2000, Title 68).[1] Such inspection report shall be dated no more than 90 days prior to the date of settlement or transfer. The following items shall be submitted with such inspection report:
(a) 
Must provide a notarized buyer's inspection verification affidavit, provided by the Code Department (see Appendix B).[2] This shall include "as is sales" that are covered as a provisional certificate of occupancy as covered in § 220-59C.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(b) 
Must provide a Pennsylvania Home Inspectors Compliance Statement. (See Appendix C.)[3]
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
[1]
Editor's Note: See 68 Pa.C.S.A. § 7501 et seq.
(2) 
Report content. The third-party inspection report shall follow the guidelines and procedures as spelled out in Pennsylvania Home Inspection Law (Act 114 of 2000, Title 68).
(3) 
Third-party violations and corrections. Any items found by the third-party inspection agent shall become a part of the Borough's inspection report and must be corrected in accordance to this article, if such items noted indicate a safety issue with the electrical plumbing or HVAC systems and or the structural integrity of the building,
G. 
Date stamp. All reports and certificates required in this section must have the date of inspection noted.
H. 
Sidewalk; handicapped access. Properties that are offered for sale and are located on the corner of two intersecting streets shall have handicapped access curb cuts and ramps in place in accordance with all state and federal laws.
A. 
Notice of violation. Upon completion of any inspection, the Code Officer shall issue a notice of violation in accordance to § 220-7, for any code violations of the codes described in § 220-56B of this article that are found.
B. 
Time limits for compliance. Violations found shall be corrected in accordance to § 220-6B(1).
C. 
Permit requirements. The owner, applicant contractor or agent thereof shall be required to secure any applicable permits for correcting code violations in accordance with the Borough Code.
D. 
Licensed contractors. In addition to the person performing the repairs or work, the owner, applicant or agent thereof is reminded that certain repairs or work performed must be done by a licensed contractor in accordance with the Borough Code.
No property shall be occupied if it contains violations that render the property unsafe for occupancy, unless the occupancy is intended for the correction of violations and repairs; and only if provisions for safety have been approved by the Code Officer.
A. 
Certificate of occupancy required. No property regulated by this code, pending sale, transfer of title or deed, shall proceed to settlement unless a final or provisional property transfer certificate of occupancy has been applied for and the owner, applicant or agent therefor has otherwise complied with the requirements of this article.
B. 
Final certificate process. The owner, applicant or agent thereof may receive a final property transfer certificate of occupancy upon completion of the following:
(1) 
Property must be free and clear of any violations at the time of the inspection.
(2) 
All required certifications and other documentation must be received in the code office no less than 72 hours prior to settlement or intent to occupy; unless the payment of an accelerated fee has been forwarded to the Borough as per the Borough's Fee Schedule.
C. 
Provisional certificate process. The owner, applicant or agent thereof that is unable to correct violations as outlined in § 220-6B(1) may receive a provisional property transfer certificate of occupancy upon completion of the following:
(1) 
Payment of provisional certificate fees as required under the Borough's Fee Ordinance.
(2) 
Property must be inspected by the code department.
(3) 
All required certifications and other documentation must be received in the code office no less than 72 hours of settlement or intent to occupy; unless the payment of an accelerated fee has been forwarded to the Borough as per the Borough's Fee Schedule.
D. 
Provisional certificate types. Based upon the estimated time of repairs and compliance, the applicant may pay the appropriate provisional fee and request one of the below provisional certificates. Such request must be approved by the Code Officer.
(1) 
Ten-day: $20.
(2) 
Twenty-day: $30.
(3) 
Thirty-day: $40.
(4) 
Forty-five day: $55.
(5) 
Sixty-day: $70.
(6) 
Ninety-day: $100.
(7) 
One-hundred-and-twenty day: $130.
(8) 
One-hundred-and-eighty day: $190.
(9) 
Two-hundred-and-seventy day: $280.
(10) 
Three-hundred-and-sixty-five day: $375.
(11) 
Five-hundred-and-forty day: $555.
E. 
Scope of provisional certificate. The issuance of a provisional certificate shall allow a seller/buyer to proceed to settlement or proceed with the transaction. The Code Officer shall determine the conditions to be placed on the provisional certificate. Occupancy shall be prohibited in accordance with § 220-58.
F. 
Valid provisional certificate. A property transfer certificate of occupancy shall only be valid for the duration specified on the certificate. If the applicant is unable to correct all violations and secure a final certificate, then the applicant must purchase an additional provisional certificate at a cost of $100. The applicant shall bring the property into compliance within 30 days following the date of the additional provisional certificate. No more than two successive provisional certificates shall be issued per property. The Code Officer reserves the right to refuse the issuance of a second provisional certificate and proceed with enforcement action proceedings in accordance to § 220-6.
G. 
Failure to comply with provisional certificate. Any applicant who fails to correct the violations in the time specified by the provisional certificate, or who fails to secure any necessary provisional certificate, shall be considered in violation of this article and subject to the violations and penalties specified in § 220-6.
H. 
Effects of certificates. The issuance of any certificates of occupancy shall not be construed to represent any warranties or guarantees, by or on behalf of the Borough of Yeadon; nor shall the issuance of any certificates or approvals be construed to imply that the property is:
(1) 
Completely safe or free of any dangers or hazards to the occupants or general public.
(2) 
Completely free and clear of any violations of this article or any other codes.
(3) 
Completely free and clear of any defects related to any structural, fire protection, fire prevention, building utilities or any other features of the property.
Whoever violates or fails to comply with any of the provision of this article shall be cited in accordance to Act 99 of 2000, titled the "Municipal Code and Ordinance Compliance Act."[1] The owner of a purchased property that fails to bring the property into compliance with this article or demolish the building or structure in accordance with law shall be personally liable for the cost of repairs or demolition and a fine of not less than $1,000 and not more than $10,000.
[1]
Editor's Note: See 68 P.S. § 1081 et seq.