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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each application for an occupancy permit (including a determination
of zoning conforming and/or a nonconforming use) shall be accompanied
by a fee set by resolution of the Council 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. An amended fee will be set from time
to time by resolution of the Borough Council.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $300 and not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Washington
County.
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.