[HISTORY: Adopted by the Board of Supervisors of West Nantmeal
Township 6-9-2018 by Ord. No. 2-2018. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance and
Certification of Occupancy Ordinance for West Nantmeal Township."
This chapter shall replace and supersede Ordinance No. 110-2010, adopted
May 10, 2010.
A.
The provisions of this chapter shall apply to all property and residential
and nonresidential structures and buildings in the Township.
B.
The purpose of this chapter is to require owners of property to maintain
their property, structures and buildings in a manner which provides
a minimum level of sanitation and safety and which does not create
a nuisance or adverse impact on the public health, safety and welfare.
C.
It is the intent of this chapter to comply with the provisions of
the Municipal Code and Ordinance Compliance Act, 68 P.S. §§ 1081
through 1083 (the "Act"), including definitions set forth therein,
and as included below.
The following terms shall, for the purposes of this chapter,
have the meanings set forth herein:
The closing date on which title and right to possess the
property transfers to the purchaser and, in cases where the property
is sold pursuant to the act of May 16, 1923 (P.L. 207, No. 153), referred
to as the "Municipal Claim and Tax Lien Law,"[1] the first day following the right of redemption period
authorized under the Municipal Claim and Tax Lien Law.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
A vehicle which cannot be driven upon the public streets
for reasons, including, but not limited to, being unlicensed, wrecked,
abandoned, in a state of disrepair or incapable of being moved under
its own power.
The purpose for which a building or portion thereof is utilized
or occupied.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the county 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, 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.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
A violation of an adopted building, housing, property maintenance
or fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
A certificate issued by the Township as a result of the municipal
inspection of a property incident to the resale of the property that
identifies at least one substantial violation, and the purpose of
the certificate is to authorize the purchaser to access the property
for the purpose of correcting substantial violations.
A certificate issued by the Township as a result of the municipal
inspection of a property incident to the resale of the property that
reveals a violation but no substantial violation, and the purpose
of the certificate is to authorize the purchaser to fully utilize
or reside in the property while correcting violations.
A condition which renders a building or structure, or any
part thereof, dangerous or injurious to the health, safety or physical
welfare of an occupant or the occupants of neighboring dwellings.
The condition may include substantial violations of a property that
show evidence of a significant increase to the hazards of fire or
accident; inadequate sanitary facilities; vermin infestation; or a
condition of disrepair, dilapidation or structural defects such that
the cost of rehabilitation and repair would exceed 1/2 of the agreed-upon
purchase price of the property.
A certificate issued by the Township stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended as authorized by § 215-172C(1) of Chapter 275,
Zoning, of the Code of West Nantmeal Township, as amended by Ordinance
No. 114.
A violation of a properly adopted building, housing, property
maintenance or fire code or maintenance, health or safety nuisance
ordinance that does not rise to the level of a substantial violation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A.
The Township's Building Code Official shall administer and enforce
the provisions of this chapter. The Building Code Official shall have
the authority to render interpretations of this chapter and to adopt
policies and procedures in order to clarify the application of its
provisions.
B.
The Building Code Official shall have the authority to make all required
inspections that are necessary pursuant to this chapter.
C.
Where it is necessary to conduct an inspection of a premises, structure
or building located in the Township to enforce the provisions of this
chapter or whenever the Building Code Official has reasonable cause
to believe that there exists in a structure or upon a premises a condition
in violation of this chapter, the Building Code Official is authorized
to enter the structure or premises at reasonable times to inspect
or perform the duties imposed by this chapter, provided that, if such
structure or premises is occupied, the Building Code Official shall
present credentials to the occupant and request entry. If such structure
or premises is unoccupied, the Building Code Official shall first
make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry.
If entry is refused, the Building Code Official shall have recourse
to the remedies provided by law to secure entry.
A.
All exterior property and premises shall be maintained in a clean,
safe and sanitary condition. The occupant shall keep that part of
the exterior property which such occupant occupies or controls in
a clean and sanitary condition.
B.
All structures and exterior property shall be kept free from rodent
harborage and infestation and shall be maintained in a manner which
does not promote rodent harborage. Where rodents are found, they shall
be promptly exterminated by processes which are not injurious to human
health. After extermination, proper precautions shall be taken to
eliminate rodent harborage and prevent infestation.
C.
All exterior property and premises shall be free from the accumulation
of rubbish or garbage.
D.
The dumping of garbage and rubbish on public or private property
shall be prohibited unless it is placed in a garbage disposal facility
or garbage containers and such dumping is approved by the owner of
such property.
E.
No inoperable motor vehicle shall be parked, kept or stored in the
front yard of any premises. An inoperable motor vehicle may be kept
or stored in the side or rear yard of a premises, provided that it
1) complies with the minimum setbacks in Chapter 275, Zoning, of the
Code of West Nantmeal Township; and 2) is completely screened and
cannot be seen from public rights-of-way and adjacent properties.
[Added 9-9-2019 by Ord.
No. 2-2019]
A.
The property owner or person in possession and control of property within the Township shall be responsible for maintaining any and all trees, branches, vines, shrubs and other landscaping on their property so that they do not unreasonably affect or interfere with the health, safety or welfare of the public or the right of the public to the unobstructed use of the public roads or public property. If the condition of any tree, branch, vine, shrub or other landscaping on private property in the Township, because of disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of the public roads or property, the Township shall send written notice as set forth in § 140-13 of this chapter to the property owner or person in possession and control of the property ordering that such obstruction be cut and/or removed from the public road or public property within 30 days from receipt of the notice. Upon failure of the property owner to remove the obstruction, the property owner shall be subject to prosecution in accordance with § 140-13 of this chapter and as prescribed by the authority having jurisdiction. If the property owner fails to remove such obstruction within 30 days, the Township may enter the property and remove the obstruction. Thereafter, the Township's cost of cutting and/or removing the obstruction shall be billed to the property owner or the person in possession and control of the property and shall be due and payable within 10 days of the date the Township bills the property owner for the cost of the cutting and/or removal of the obstruction. If the amount of the bill is not paid within 10 days, all amounts due and owing shall be deemed to be delinquent and shall be subject to a penalty of 10% of the amount billed.
B.
If the billing is not paid within 15 days, the Township may take legal action as set forth in § 140-13 of this chapter, or file an action in assumpsit or any proceeding otherwise provided by law to recover the amount of the delinquent bill together with any costs, attorney's fees or expenses, or may file a municipal lien against the property pursuant to the procedure established in the Pennsylvania Municipal Claims and Liens Law[1] for any amounts due and owing the Township. Such lien
shall be collected in the manner provided for by law for the filing
and collection of such municipal liens. All of the Township's remedies
shall be cumulative.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
C.
In the event that a tree, branch, vine, shrub or other landscaping
has fallen into the Township right-of-way and obstructs the use of
the public roads or is creating a hazardous condition which requires
immediate attention, the Township is authorized to immediately remove
the obstruction from the right-of-way and bill the property owner
for the cost of removing the obstruction.
Whenever there is a change in ownership or transfer of title
to an existing building or structure requiring an occupancy permit
for its use, or when the tenant changes in a commercial property,
or upon written request from the owner of an existing building or
structure, the Building Code Officer shall issue a certificate of
use and occupancy in the manner as set forth in this chapter. It shall
be the responsibility of the owner or owner's agent to request this
inspection. Use and occupancy certificates shall not be required in
the case of transfers relating to taking title to offset losses or
foreclosures by financial institutions as specifically set forth and
provided for in the Act (the Municipal Code and Ordinance Compliance
Act, 68 P.S. § 1082.2).
A.
The inspection fee for the issuance of a certificate of use and occupancy
shall be established by resolution of the Board of Supervisors, as
may be amended from time to time. The inspection fee shall cover the
initial inspection. Each subsequent follow-up reinspection will be
charged at a rate to be determined by resolution of the Board of Supervisors.
The initial fee must be paid at the Township Building at the time
of application and any subsequent reinspections that are required
must be paid at the Township Building prior to reinspection appointment.
Applications for a use and occupancy inspection shall be requested
and occur at least 14 days prior to the scheduled transfer or settlement
of said property.
B.
West Nantmeal Township use and occupancy inspection items. The following items shall be inspected prior to issuance of the use and occupancy certificate as set forth in the above § 140-7:
(1)
Handrails and guardrails.
(a)
Handrails (exterior and interior) are to be on one side of the
stairs with four or more risers, securely attached, and in good condition.
If a handrail is to be replaced or installed, it must comply with
current codes.
(b)
Guardrails (exterior and interior) are to be on both sides of
open stairs or surfaces exceeding 30 inches above floor/grade, securely
attached, and in good condition. If a guardrail is to be replaced
or installed, it must comply with current codes.
(2)
Fuel-burning heating systems. Verification within the last 365 days
that the oil or gas heating system has been serviced by a qualified
service contractor. In lieu of such verification, a copy of the fuel-burning
system section of a home inspector's report completed within the last
60 days which confirms that the fuel-burning heating system is in
proper working order will suffice.
(3)
All hot-water heaters must have a blowoff pipe attached to the emergency
relief valve. Said pipe must be extended to just above floor level.
(4)
An operable smoke detector shall be installed in each room used for
sleeping purposes. In addition, one operable smoke detector shall
be placed in the hallway adjacent to the sleeping areas and on each
level of the property, including the basement. Carbon monoxide alarms
are required whenever there is a fossil fuel burning appliance or
fireplace in the home. Alarms may be smoke/carbon monoxide combination
units.
(5)
All dwellings shall have approved address numbers placed in a position
to be plainly legible and visible from the street or road fronting
the property. Numbers shall be a minimum of four inches high with
a minimum stroke width of 0.5 inch.
(6)
All blank spaces (if any) in the fuse box are to be properly filled.
(7)
All windows and doors shall operate as designed from inside each
room without the use of keys or tools (e.g., all windows when raised
must remain in raised position).
(8)
Garage doors shall operate properly with functioning safety cables
and auto reverse sensors.
(9)
GFCI protected outlets, interior and exterior, shall be required
when outlets are located within six feet of a water source or in a
wet/damp location. All exterior and garage outlets must be GFCI protected.
Within 12 months of the date of purchase, or longer subject
to an agreement between the purchaser and the Township, any purchaser
of any building, structure or part of a building or structure known
to have one or more violations or one or more substantial violations
of the Township municipal codes relating to building, housing, property
maintenance or fire shall a) bring the building, structure or that
part of a building or structure into compliance with those codes;
or b) demolish the building or structure, in the case of substantial
violations, in accordance with the law.
If the Township determines through an inspection that a property
meets all ordinances and codes, and may be used or occupied as intended,
the Township shall issue a use and occupancy certificate.
If the Township determines through an inspection that a property
has at least one violation, the Township shall issue a temporary use
and occupancy certificate. The Township shall reinspect the property
for the purposes of determining compliance with the Township Code;
provided, however, the property owner may request an early inspection
and the Township may conduct said reinspection consistent with the
business of the Township. In the event that the violations are corrected
within 12 months, the Township shall issue a use and occupancy certificate.
In the event that the violations are not corrected within 12 months,
the Township shall revoke the temporary use and occupancy certificate
and avail itself of any remedies available at law.
If the Township determines through an inspection that a property
has at least one substantial violation, the Township shall issue a
temporary access certificate solely for the purpose of correcting
substantial violations. No person shall occupy a property during the
term of the temporary access certificate. The Township shall reinspect
the property for the purposes of determining compliance with the Township
Code; provided, however, the property owner may request an early inspection
and the Township may conduct said reinspection consistent with the
business of the Township. In the event that the substantial violations
are not corrected within 12 months, the Township shall revoke the
temporary access certificate and avail itself of any remedies available
at law. In the event that the substantial violations are corrected
within 12 months, the Township shall issue a use and occupancy certificate.
A.
It shall be unlawful for any person, firm or corporation to violate
any of the provisions of this chapter.
B.
Those provisions and procedures set forth above in §§ 140-7 through 140-12 related to certificates of use and occupancy shall be the initial manner in which inspections shall be conducted, and certificates shall be issued. For violations that exceed the twelve-month period set forth in § 140-9, the Township may proceed under this § 140-13 and in any other manner permitted by law.
C.
If the Building Code Official determines that a person, firm or corporation
is in violation of any provisions of this chapter, he shall serve
a written notice of violation, which includes the following:
(1)
Name of the property owner;
(2)
Description of the property;
(3)
Statement of the violation or violations and why the notice is being
issued;
(4)
A correction order allowing a reasonable time to bring the property
into compliance with the provisions of this chapter; and
(5)
A statement of the Township's intent to enforce the provisions of
this chapter through the imposition of fines or other equitable relief.
D.
The written notice of violation shall be delivered personally, sent
by certified or first-class mail addressed to the last-known address
of the property owner. If the notice is returned showing that the
letter was not delivered, a copy shall be posted in a conspicuous
place in or about the structure affected by the notice.
E.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be subject to the payment of a fine of not more than $1,000, plus
the costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 90 days. Each section of this chapter violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the Magisterial District Judge of not more
than $1,000, plus the costs of prosecution, or, upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 90 days. All fines and penalties
collected for the violation of this chapter shall be paid to the Township
Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
If the property owner fails to abate the violation(s) listed in the
notice of violation within the time prescribed in the notice, the
Township may institute the appropriate proceeding at law or in equity
to restrain, correct or abate the violation(s). All costs incurred
by the Township shall be reimbursed by the property owner and until
they are repaid shall be a lien against the premises.
