[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.
Address of the residential or nonresidential structure.
Name and address of the owner and rental agent, if any.
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.
Name and current address of tenant or lessee who will be utilizing any building, space, or structure in a nonresidential capacity.
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.
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.
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.
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.
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.
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.