[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg 3-11-2013 by Ord. No. 1315. Amendments noted where applicable.]
On all transfers of real estate from this date any person who
intends to utilize any property acquired must apply for and obtain
an occupancy permit in conformance with existing ordinance as applicable
before occupying or utilizing said space, structure or building. The
primary responsibility for obtaining an occupancy permit shall be
the owner of said premises to be used. Notwithstanding, the user or
tenant is secondarily responsible and may be prosecuted with the owner
for failure to apply for a use permit.
An occupancy permit shall be required when any new tenant occupancy
begins as well as when new ownership of any property occurs with the
Borough whether the prior use is continued the same or changed to
a new use.
All owners or approved agents of owners of real estate must
furnish the Borough Building Inspector or other appointed official
a signed completed application for a certificate of/for occupancy
prior to any occupancy and utilization of any apartment, building,
space, or structure. The application for a certificate of/for occupancy
must contain the following minimum information.
A.
Address of the residential or nonresidential structure.
B.
Name and address of the owner and rental agent, if any.
C.
Name and current address of tenant or lessee, including
the names of all adults and children (under 18) who will be residing
in the structure or residential apartment, building, space or structure.
D.
Name and current address of tenant or lessee who will be
utilizing any building, space, or structure in a nonresidential capacity.
E.
Provide all such information as required by the Building
Inspector to determine proper use with zoning and building code requirements.
Each application for an occupancy permit (including a determination
of zoning conforming and/or a nonconforming use) shall be accompanied
by a $75 fee for a determination and/or inspection fee for a decision
of compliance. The Borough may increase this fee administratively
if the determination requires excessive inspection due to complex
factors presented by the owner and/or tenant or other interested parties.
A.
The Borough of Canonsburg may, from time to time, change
said rules, fees, or costs and establish new rules, fees, or costs
as may be determined by resolution of Council.
B.
An application for a certificate of/for occupancy shall
expire in 30 days if application is incomplete, fee unpaid, or inspection
is not scheduled by applicant.
A.
It shall be a violation of this chapter for any owner and/or
his agent to lease, rent, or otherwise permit the occupancy of any
dwelling under his/her/their ownership and/or control without first
having obtained a certificate of/for occupancy from the Building Inspector
or other appointed official approving said occupancy.
B.
It shall be a violation of this chapter for any owner and/or
his agent to collect any rent or lease payment from any tenant for
any residential dwelling unit or any nonresidential space without
first complying with the obligations of this chapter.
C.
It shall be a violation of this chapter for any person(s)
to occupy any residential or nonresidential space as an owner, relative
of any owner, tenant, either on a paying or nonpaying basis, without
first having complied with this chapter and obtained an occupancy
permit.
The Building Inspector/Code Official or other appointed official
of the Borough of Canonsburg shall not permit the occupancy of any
residential or nonresidential space, if at the time of application
for any occupancy permit there are outstanding building code violations
on the property as evidenced by uncorrected notices of violations
or other orders of the Building Code Official/Code Enforcement Officer/or
the official prior to the date of occupancy application.
The Building Inspector/Code Official or other appointed official
of the Borough of Canonsburg shall not permit the occupancy of any
residential or nonresidential space, if at the time of application
for any occupancy permit there are outstanding building permits issued
where no required inspection has been obtained or where work was completed
with no permit without first complying with the Borough's ordinance
for inspection and required permits.
Any selling property owners must, in writing, outline to the
purposed buyers the "zoning designation" and/or details
of a "nonconforming designation" and/or a "grandfather
designation" in any property being sold and/or transferred in
the Borough.
If any part of this chapter shall be deemed to be or held unconstitutional
then it is the intention of the Borough of Canonsburg Council that
the balance of the chapter would have been enacted irrespective of
said unconstitutional provision.
Any person, individual, corporation, partnership, association,
entity, who individually or representing any said corporation, partnership,
association, or entity violates any provision or section of this chapter
shall be subject to a fine of not less than $300 and not more than
$1,000 per violation. Each day that a violation shall go uncorrected
shall be deemed a separate violation and subject to the maximum penalty
provided herein. Upon default of payment of said fine, any such violator
shall be subject to imprisonment for a period not exceeding 30 days.
It shall be the intent of the Borough of Canonsburg and Council
that upon enactment of this chapter that any inconsistencies with
any other ordinance as written shall be considered repealed in its
entirety as to that matter.
