[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale 12-7-2017 by Ord. No. 2017-6. Amendments noted where applicable.]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section. Terms not defined shall have their ordinarily accepted meanings,
such as the context implies.
The building code officially adopted by the Borough Council
for the regulation of construction, alteration, addition, repair,
removal, demolition, use, location, occupancy and maintenance of buildings
and structures: For the purpose of this chapter, the Borough of Oakdale
shall use the most recent adoption of the International Property Maintenance
Code.
The official who is charged with the administration and enforcement
of this Code, or any duly authorized representative.
ROOMING HOUSEA building arranged or used for lodging, with or without meals, for compensation and not occupied as a one-family or a two-family dwelling.
MULTIPLE-FAMILY DWELLINGA building containing more than two dwelling units and not classified as a one- or two-family dwelling.
ROOMING UNITAny room or group of rooms forming a single, habitable unit used or intended to be used for sleeping and/or living, but not for cooking purposes.
ONE-FAMILY DWELLINGA building containing one dwelling unit.
TWO-FAMILY DWELLINGA building containing two dwelling units.
To permit possession or occupancy of a dwelling, dwelling
unit, building or structure by a person who shall be legal owner of
record thereof, pursuant to a written lease, agreement or license,
or pursuant to a recorded or unrecorded agreement of contract for
the sale of the land.
The period during which a person rents, owns or uses certain
premises or land.
Any person living or sleeping in a building or having possession
of a space within a building.
Any person, agent, firm or corporation having a legal or
equitable interest in the property; or recorded in the official records
of the state, county or municipality as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, corporation, partnership or any other group
acting as a unit.
That which is built or constructed for occupancy.
[Amended 6-4-2020 by Ord. No. 2020-3]
All owners and landlords of dwelling units, office buildings
or other structures for human occupancy must first secure an occupancy
permit prior to allowing a unit to be occupied. All permits must be
secured from the Building Code Official of the Borough of Oakdale
for any change of tenant/occupant or change of use and/or occupancy.
An application for the permit referred to in § 222-2 shall be formulated by the proper officials of the Borough, on which form the following information, as well as any other information deemed advisable, shall be requested from the said owner thereof:
A.
No occupancy permit shall be issued for occupancy unless the premises
shall be inspected by the Borough of Oakdale's Building Inspector
and shall meet the minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space,
heating, sanitation, protection from the elements, life safety, safety
from fire and other hazards, and safe and sanitary maintenance. For
the purpose of this chapter, the Borough of Oakdale shall utilize
the International Property Maintenance Code, as adopted by the Borough
Council.
B.
Building inspections shall at all times material hereto be arranged
in accordance with the following procedures:
(1)
The property owner or the property owner's authorized agent shall
contact the Borough of Oakdale Building Code Official and arrange
a mutually convenient time to conduct an inspection of the property.
The Building Inspector shall inspect the property and shall either:
(a)
Issue an occupancy permit.
(b)
Issue a temporary occupancy permit accompanied by an inspection
report/violation notice, contingent upon a notarized affidavit submitted
to the Borough, attesting that the property and premises will not
be used or occupied until all required repairs are completed and all
required permits are issued to bring the property and premises into
full compliance with the ordinances enacted and codes adopted by the
Borough.
(c)
Issue an inspection report/violation notice for remedial action
to be taken.
(2)
Should the property owner fail to obtain an occupancy permit prior
to the securing of an occupancy permit, the inspection shall take
place with the following procedure:
(a)
The proper Borough representative shall write to the appropriate
landlord, tenant or property owner via certified United States mail,
return receipt requested, and regular United States mail, proof of
mailing attached, and specify the need to arrange a mutually convenient
meeting. If attempts pursuant to this method of communication shall
fail, then:
(b)
The proper Borough representative shall proceed, with written
notice to the landlord, tenant and/or property owner via certified
United States mail, return receipt requested, to obtain an administrative
search warrant which shall compel the landlord, tenant or property
owner to grant admission to the property in question for inspection.
The fee for an occupancy permit or a temporary occupancy permit
shall be in an amount as established, from time to time, by resolution
of the Borough Council.
A.
Any person, firm, association, corporation or other party violating
any provision of this chapter shall, upon conviction thereof in an
action brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, be sentenced to pay a fine of not more than
$1,000, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
B.
In the event that any landlord, tenant, occupant, property owner,
or property owner's authorized agent refuses to permit entry pursuant
to the presentation of an administrative warrant, the violator shall
also be subject to all provisions of the law as they relate to contempt-of-court
proceedings.
