As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
West Reading Borough, Berks County, Pennsylvania.
CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the Borough stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
DATE OF PURCHASE
The date on which title and right to possess the property
transfers to the purchaser or, 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 Claims and Tax Liens Law," the first day following
the right of redemption period authorized under the Municipal Claims
and Tax Liens Law.
PERSON
Any person, partnership, co-partner, corporation, joint stock
holder company, syndicate, tenant, property owner, occupant, lessor
or agent in control of a building.
SUBSTANTIAL VIOLATION
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 Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough report.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by the Borough as a result of the inspection
of the property by the Borough 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 pursuant to all
applicable laws, ordinances, and regulations of the Borough of West
Reading and the Commonwealth of Pennsylvania, including the Property
Maintenance Code. No person may occupy a property during the term
of a temporary access certificate, but the owner shall be permitted
to store personalty that is related to the proposed use or occupancy
of the property or is needed to repair the substantial violations
during the time of the temporary access certificate.
TEMPORARY USE AND OCCUPANCY CERTIFICATE
A certificate issued by the Borough as a result of the Borough
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 pursuant to
all applicable laws, ordinances, and regulations of the Borough of
West Reading and the Commonwealth of Pennsylvania, including the International
Property Maintenance Code.
UCC
Pennsylvania Uniform Construction Code (34 Pa. Code Chapter
401 et seq.).
UNFIT FOR HUMAN HABITATION
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.
UNIT
Each separate area of a building, designed or intended to
be used for one family dwelling, one commercial user, or one industrial
user.
VIOLATION
A violation of an adopted building, housing, property maintenance,
or fire code, or health or safety nuisance ordinance that does not
rise to the level of a substantial violation and is discovered during
the course of a Borough inspection of a property and disclosed to
the record owner or prospective purchaser of the property through
issuance of a Borough report.
From and after the effective date of this chapter, it shall
be unlawful for any person to change the occupancy of any residential
dwelling or commercial or industrial building within the Borough,
or permit such a change, without first obtaining a certificate of
use and occupancy or temporary use and occupancy certificate.
Applications for certificates of use and occupancy shall be
made to the Borough on forms provided for that purpose.
Upon receipt of a properly completed application for a certificate
of use and occupancy and payment of the required fee, the Borough
shall promptly inspect the residential dwelling or commercial or industrial
building which is the subject of the application to determine if the
building conforms to all applicable laws, ordinances, and regulations
of the Borough, including the International Property Maintenance Code.
If, upon inspection, the Borough shall determine that the residential
dwelling or commercial or industrial building is in compliance with
all applicable laws, ordinances, and regulations, the Borough shall
forthwith issue a certificate of use and occupancy to the applicant.
The Council of the Borough shall, from time to time, establish
by resolution such fee as it deems reasonable and proper to be charged
for the issuance of an occupancy certificate, temporary use and occupancy
certificate and temporary access certificate pursuant to the provisions
of this chapter.