[Ord. No. 2020-740, 7/14/2020; as amended by Ord. No.
2022-759, 12/13/2022]
A.
The Township of West Norriton Manager, or the Manager's designee,
is authorized to start a biannual inspection program of each commercial/business
property in the Township to safeguard the health and safety of the
occupants thereof and to determine and enforce compliance with the
codes, laws, and regulations applicable to such units and the structures
containing such units. The Inspector is authorized to enter for the
purpose of such inspection all businesses properties, and it is the
duty of the business property owners to provide access to such properties
upon request for said inspection. The construction date of the building
will be taken into consideration when determining safety standards.
B.
Residential properties meeting the definition of a business will
only have their common areas inspected. Common areas of residential
properties include, but are not limited to, hallways, stairways, common
bathrooms, lobbies, and meeting rooms. The inspection will not include
individual apartments, dormitories, or living quarters unless requested
by the property owner or tenant.
[Ord. No. 2022-759, 12/13/2022[1]]
The following words or phrases, when used in this Part, shall
have the meaning ascribed to them by this section unless the context
clearly indicates a different meaning:
All businesses, trades, occupations, professions and activities
carried on or exercised for gain or profit in West Norriton Township,
or organizations operating as nonprofits or places of worship or assembly
for the public, wherein there is access by employees, vendors, customers,
clients, participants, event attendees, and other members of the public
onto the business premises, including without limitation enterprises
engaged in by operators of hotels, motels, parking lots, garages and
warehouses; lessors of real and/or tangible personal property; teachers,
veterinarians, lawyers, engineers, architects, chemists, certified
public accountants, funeral directors, consultants, social workers,
psychologists, nurses, therapists, physicians, surgeons, osteopaths,
dentists, podiatrists, chiropractors, optometrists, pharmacists, and
other health care providers; promoters, factors, commission merchants,
agents, brokers, and manufacturers' representatives; advertising
and public relations agencies; real estate brokers, insurance brokers
and agents; cable television operators; operators of places of amusement
providing either passive or active recreation; vending machine operators,
operators of barbershops, beauty shops, cleaning, pressing and dyeing
establishments, laundries, shoe repair shops, tailor shops, and furniture
finishing and upholstering shops; contractors engaged in the electrical,
plastering, bricklaying, masonry, carpentry, heating, ventilating,
air conditioning, plumbing, painting and other building trades, whether
engaged in new construction or in the alteration, maintenance or repair
of structures and land; persons engaged in the repair of electrical,
electronic and automotive machinery and equipment or other machinery
and equipment; private educational facilities; storage facility businesses;
industrial operations; manufacturing operations; or other factory-type
facilities where products are created, assembled, packaged, or stored;
and other businesses, trades, occupations and professions, religious
institutions, nonprofit organizations, in which any goods or services
are offered to the public.
The Finance Department of West Norriton Township, or another
person designated by the Township Manager for purposes of this Part.
The person designated by West Norriton Township who is authorized
to enter business properties for purposes of inspection for compliance
with this chapter.
The twelve-month period beginning the first day of January
2023, and every other year thereafter. Each business will be inspected
on a two-year cycle (odd years).
All individuals, partnerships, limited partnerships, associations,
or corporations. Whenever used in any clause prescribing or imposing
a penalty or pursuing fines or enforcement of this Part, the term
"person," as applied to an association, shall mean the partners or
members thereof, and as applied to a corporation, shall mean the officers
thereof.
[Ord. No. 2022-759, 12/13/2022]
For the year beginning 2023, and every other year thereafter,
every person desiring to continue to engage in or to hereafter begin
any business in West Norriton Township shall on or before the last
day of March and every other year thereafter, register the business
with the Township prior to continuing or commencing the business.
Registration will be mailed to each business in January with payment
due by the end of March.
[Ord. No. 2020-740, 7/14/2020; as amended by Ord. No.
2022-759, 12/13/2022]
A.
The Township of West Norriton shall notify the property or business
owner or operator of its intent to inspect the property and business
at least five days prior to the inspection. Such notification shall
be in the form of written communication or by phone.
B.
After the inspection, the Inspector shall submit any violations in
writing to the property or business owner, operator or designated
agent. The owner, operator, or agent must correct any violations within
a time frame set by the Inspector. Reinspections shall be conducted
every 30 days until the violations have been corrected to the satisfaction
of the Inspector. If the violation is deemed to be an actual or potential
life-safety hazard, then the Fire Official or Inspector may notify
the property or business owner, operator or agent that the violation
must be corrected immediately, or the property will be closed until
the violation is corrected.
[Ord. No. 2020-740, 7/14/2020; as amended by Ord. No.
2022-759, 12/13/2022]
A business license fee to cover the inspection, administrative,
and collection costs is hereby imposed upon every business in the
Township. The fee, and penalties and interest for late payment of
the fee, shall be established in the Township fee schedule and may
be amended by resolution of the Board of Commissioners.
[Ord. No. 2022-759, 12/13/2022]
The inspection shall include, but may not be limited to, employee
census, fire and panic, fire alarms, smoke detectors, emergency access,
and identification of toxic, corrosive, explosive, and/or hazardous
materials as defined by SARA Title III.
[Ord. No. 2022-759, 12/13/2022]
It shall be the duty of the Collector to collect and receive
the fees, fines, and penalties imposed by this Part. It shall also
be the Collector's duty to keep a record showing the fees received
and the date of payment.
[Ord. No. 2022-759, 12/13/2022]
Any person or business claiming an exemption from this Part,
or otherwise claiming that this Part is inapplicable to the person
or business, shall have the burden of proof with respect to the assertion
of any such claim.
[Ord. No. 2022-759, 12/13/2022]
All fees imposed by this Part, together with interest and penalties
as established by the Township in the Township fee schedule, shall
be recoverable as other debts of like character are recovered. The
Township shall be entitled to the recovery of attorneys' fees
and costs incurred in collection of any such fees.
[Ord. No. 2022-759, 12/13/2022]
A.
Basis for Violation. It shall be unlawful for any person or business,
as either the owner, operator or an agent thereof of a business, to
perform business activities within the Township without notifying
the Township of the business and passing the then-applicable biannual
inspection from the Township as established in this Part.
B.
Penalties.
(1)
Any person or business who shall violate a provision of this Part,
or should fail to comply therewith, or with any of the requirements
thereof, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, shall be guilty of a summary offense
and shall be punishable by a fine of not more than $1,000, plus court
costs and reasonable attorneys' fees incurred by the Township
through 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, such person
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. If the penalty is not paid, the
Township may initiate a civil action for collection in accordance
with the Pennsylvania Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense, and each section of this
Part that is violated shall also constitute a separate offense. In
addition to or in lieu of enforcement under this section, the Township
may enforce this chapter in equity in the Court of Common Pleas of
Montgomery County.
(2)
In addition to the penalties set forth above, a property owner may
be required to evict or relocate a business, or the business may be
prohibited from future use or occupation on the property until the
required conditions are corrected.
C.
Nonexclusive Remedies. The penalty provisions of this Part shall
not limit the ability of the Township's ability to enforce other
Township ordinances and to utilize the penalties, remedies and procedures
provided under such other Township ordinances and/or federal or commonwealth
laws.
