[Ord. 8347, passed 10-8-2020]
As used in this article, certain terms are defined as follows:
(a)
OWNER — Any person, agent, authorized agent, operator,
firm or corporation having a legal or equitable interest in the property;
or recorded in the official records of the State, county or City 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.
(b)
PROPERTY — Any building or structure, lot, plot or parcel
of land or both.
(c)
AGREEMENT OF SALE or SALES AGREEMENT — Any agreement or
written instrument which provides that title to any property shall
thereafter be transferred from one owner to another owner, and includes
inter alia written leases which contain options to purchase the leased
property, and leases which provide that the lessee or the property
shall acquire title thereto after the payment of a stipulated number
of regular rent payments or after a stipulated period of time.
(d)
TRANSFERRING DOCUMENT — Any deed or other document transferring
legal title or transferring or vesting equitable title to the real
property in the purchaser.
(e)
CODE VIOLATION — A condition of the property or structure
thereon which is in violation of a provision of the International
Property Maintenance Code, as amended, adopted and incorporated by
the City of New Castle by Article 1761 of the Codified Ordinances.
(f)
OCCUPANCY PERMIT — A permit issued by the Code Enforcement
Department or its designee which allows the use and occupation of
a property and certifies that the property is free from any violations
of Article 1761 (Code Violations).
(g)
TEMPORARY OCCUPANCY PERMIT — A permit issued by the Code
Enforcement Department or its designee that allows the use and occupation
of a property on a temporary, conditional basis for a period of 180
days, and during which time any violations of Article 1761 (Code Violations)
are being corrected.
(h)
NO SHOW FEE — A fee assessed for a scheduled appointment
where neither the purchaser, seller, or their representative appears
at the property to meet the inspector within 15 minutes of the scheduled
appointment time, or if access cannot be gained to a structure situate
on the property.
[Ord. 8347, passed 10-8-2020]
(a)
No purchaser of a property or any interest therein within the
City of New Castle shall occupy or permit occupancy of that property
unless the preceding owner first delivers to the purchaser at or prior
to the time for settlement or transfer of title or interest therein
a certification of the district classification, issued by the appropriate
City officer indicating the zoning classification and legality of
the existing use of the property to be sold, and an Occupancy Permit
or Temporary Occupancy Permit. The zoning classification shall be
issued contemporaneously with the Occupancy Permit or Temporary Occupancy
Permit issued under this article.
(b)
Occupancy permits. No purchaser of a property or any interest
therein within the City of New Castle shall occupy or permit occupancy
of that property unless the preceding owner first obtains and delivers
to Purchaser, after required inspection of the property by the Code
Enforcement Department or its designee, either an Occupancy Permit
or a Temporary Occupancy Permit at or prior to settlement or transfer
of title or interest therein. A Temporary Occupancy Permit shall list
all violations of Article 1761, International Property Maintenance
Code, applicable to the property. A purchaser who takes title to the
property or any interest therein and who receives a Temporary Occupancy
Permit shall correct all listed Article 1761 violations within 180
days of the transfer of title or interest to the property, or within
180 days of the issuance of the Temporary Occupancy Permit, whichever
is later.
(c)
Initial inspection. No sooner than 30 days nor later than 10
days prior to the date set for closing or transfer of title or interest
in any property, the Owner shall make application and pay the required
fee for an Inspection of the property consistent with this article.
The fee shall include the issuance of either an Occupancy Permit or
a Temporary Occupancy Permit to the owner for delivery to the purchaser.
(d)
Re-inspection. A purchaser who takes title to a property or any interest therein and who is issued a Temporary Occupancy Permit shall, no later than 30 days prior to expiration of the time period set forth in Subsection
(b) hereinabove, make application for a re-inspection of the property by the Code Enforcement Department or its designee. If after re-inspection it is determined by the Code Enforcement Department or its designee that the Code Violations noted on the Temporary Occupancy Permit are corrected, the Code Enforcement Department or its designee shall issue an Occupancy Permit to the purchaser.
(e)
Extension of time to correct. A purchaser who takes title to a property or any interest therein and is issued a Temporary Occupancy Permit and who has made a good faith effort but is unable to correct the violations noted on the Temporary Occupancy Permit within the time frame set forth in Subsection
(b) hereinabove may, no sooner than 30 days prior to the expiration of 180 days from issuance of the Temporary Occupancy Permit, apply for one extension of the Temporary Occupancy Permit for an additional 180 days. Upon receipt of an application for extension and payment of the required fee, the Code Enforcement Department shall re-issue a Temporary Occupancy Permit to the purchaser for an additional 180 days, if, in the opinion of the Code Enforcement Officer or his designee, the purchaser has made a good faith effort to correct one or more Code Violations as noted on the Temporary Occupancy Permit. No later than 30 days prior to expiration of the extension period, the purchaser shall make application for a re-inspection as set forth in Subparagraph (c) hereinabove.
(f)
A Zoning Certification and Occupancy Permit/Temporary Occupancy
Permit are valid for one transfer of ownership for up to 180 days.
Each transfer of ownership shall have a new application completed
with fees paid. If the purchase transaction is not consummated, the
Occupancy Permit or Temporary Occupancy Permit and any conditions
contained therein shall terminate.
(g)
Failure to correct. A purchaser who, after being issued a Temporary
Occupancy Permit, fails to correct all Code Violations as noted on
the Temporary Occupancy Permit within the time period set forth in
Subsection b), or the time period set forth in Subsection d) if an
extension is granted, shall be in violation of this article and the
Temporary Occupancy Permit shall be revoked and the purchaser, upon
conviction, shall be subject to the penalties set forth in Article
1743.99. A violation of this article shall be separate and distinct
from any Code Violations noted within the Temporary Occupancy Permit
or otherwise existing on the property.
(h)
Nothing in this article shall limit or prohibit a Code Enforcement
Officer from issuing notices or citations for violations of Article
1761 existing after the issuance of an Occupancy Permit, or notices
or citations for additional violations of Article 1761 which may be
observed during the time period under which a property is subject
to a Temporary Occupancy Permit, and nothing in this article shall
limit or prohibit a Code Enforcement Officer from condemning or barring
occupancy of a property that is deemed a hazard to health or safety
of persons or property in accordance with existing property maintenance,
building, fire, or other health and safety regulations.
[Ord. 8347, passed 10-8-2020]
(a)
Every owner shall insert in every agreement of sale or transferring
document of property a provision showing the zoning classification
of such property, and stating whether the present use of the property
is in compliance with or in violation of zoning laws and ordinances.
[Ord. 8347, passed 10-8-2020]
A certificate from the appropriate City officer certifying that
the property has been approved or designated as a nonconforming use
shall be deemed compliance with this article.
[Ord. 8347, passed 10-8-2020]
(a)
The fee(s) applicable to this article shall be as follows, or
as may be amended from time to time by ordinance of Council. No reduction
shall be made for the size, location, structures or any other reason.
The fee(s) is non-refundable. The fee(s) shall be as follows for each
parcel associated in the agreement of sale.
Occupancy Permit/Temporary Occupancy Permit (Initial)
|
Fee
|
---|
Residential Property (2 or less units)
|
$150
|
Residential Property (3 or more units)
|
$150 and $25 for each additional unit
|
Commercial Property less than 4,000 square feet
|
$250
|
Commercial Property 4,000 square feet or more
|
$400
|
Industrial Property
|
$400
|
Adjacent Parcel with no structures completed at the same time
as another inspection
|
$50
|
No Show Fee
|
$35 per occurrence
|
Above fee structure includes one re-inspection if Temporary
Occupancy Permit issued.
Temporary Occupancy Permit - Extension
|
Fee
|
---|
Residential Property (2 or less units)
|
$100
|
Residential Property (3 or more units)
|
$100 and $25 for each additional unit
|
Commercial Property less than 4,000 square feet
|
$250
|
Commercial Property 4,000 square feet or more
|
$400
|
Industrial Property
|
$400
|
Adjacent Parcel with no structures completed at the same time
as another inspection
|
$50
|
No Show Fee
|
$35 per occurrence
|
Above fee structure includes re-inspection fee.
All fees above include the Zoning Certification.
(b)
The fee(s) is applicable to each agreement of sale or transferring
document no matter how often a property is sold or how often the deed
is modified with the exception of a Scrivener's Affidavit to
correct minor typographical errors. Owner is solely responsible for
the non-refundable fee. The fee(s) is to be paid in full prior to
the scheduling of the inspection. Fee(s) shall be paid, copy of any
and all agreement(s) of sale and application shall be submitted in
person or by regular mail to the appropriate designated department(s)
at the City Hall of the City of New Castle or electronically online,
whenever available, via a third party website or smart phone application
or a website or smart phone application designated by the Code Enforcement
Department or Department of Community and Economic Development including,
any and all third party fee(s), online convenience fee(s) or other
transaction fee(s) shall be the sole responsibility of the owner and
paid in full at the time of application. There shall be no refund
or reduction because of a failure to execute the agreement of sale.
Inspection may be scheduled upon receipt of the fee(s) at the discretion
of the Code Enforcement Department.
[Ord. 8347, passed 10-8-2020]
(a)
Application, provided by the Code Enforcement Department whether
it be electronic or hard copy format, shall be signed and completed
in full by the owner including, but not limited to, subject property
ward, section, lot number, deed reference, parcel id number; address
of property; type of occupancy identifying if it is owner, tenant
or vacant; name of owner of record; address of owner of record; name
of purchaser of property; contact person of purchaser of property;
contact person of purchaser address and telephone number; signature
of owner or authorized agent; address of owner or authorized agent
and telephone number of owner or authorized agent.
(b)
With the exception of a Scrivener's Affidavit to correct
minor typographical errors, the name of the purchaser on the application
shall be the same as the name of the purchaser on the deed recorded
at the recorder of deeds office or other instrument transferring title
or interest in the property.
(c)
The purchaser shall be solely responsible to perform their due
diligence and contact the Code Enforcement Department immediately
to determine if the property is on the demolition list. If the property
is on the demolition list, the purchaser or owner may submit a written
application to the Housing Code Board of Appeals within 10 days after
service of the originally dated Notice and Order. If an owner or purchaser
fails to do so, the owner and purchaser shall hold the City harmless.
After transfer of title or interest to the property, if a Temporary
Occupancy Permit is issued, the Purchaser shall be required to comply
with the requirements of the Temporary Occupancy Permit.
[Ord. 8347, passed 10-8-2020]
(a)
This section establishes a separate procedure for Occupancy
Permits and Temporary Occupancy Permits for properties acquired through
Tax Sale, Judicial Free and Clear Sale, or Repository Sale under the
process set forth in the Pennsylvania Real Estate Tax Sale Law, Act
of Jul. 7, 1947, P.L. 1368, No. 542, as amended.
(b)
A purchaser of property who receives title to that property
pursuant to any sale or purchase from a Tax Sale, Judicial Free and
Clear Sale, or Repository Sale under the process set forth in the
Pennsylvania Real Estate Tax Sale Law, Act of Jul. 7, 1947, P.L. 1368,
No. 542, as amended, shall, within 30 days of recording of the deed
to the same, apply for and pay the required fee for an Occupancy Permit
or Temporary Occupancy Permit, and schedule an inspection of the property
with the Code Enforcement Department or its designee.
(c)
Following the inspection, the Code Enforcement Department shall issue an Occupancy Permit if no Article 1761 violations are present, or a Temporary Occupancy Permit if any Article 1761 violations are present. Notwithstanding the time frame set forth in Section
1743.02(b), if a Temporary Occupancy Permit is issued for a Property acquired through Tax Sale, Judicial Free and Clear Sale, or Repository sale, the purchaser shall have a period of 360 days in which to correct the violations noted on the Temporary Occupancy Permit in the case of residential properties, or 540 days in the case of commercial or industrial properties. No additional extensions of time to correct Article 1761 violations may be granted for properties covered under this section.
(d)
A purchaser who, after being issued a Temporary Occupancy Permit pursuant to this section, fails to correct all Code Violations as noted on the Temporary Occupancy Permit within the time period set forth in Subsection
(c) hereinabove, shall be in violation of this article and the Temporary Occupancy Permit shall be revoked and the purchaser, upon conviction, shall be subject to the penalties set forth in Article 1743.99. A violation of this article shall be separate and distinct from any Code Violations noted within the Temporary Occupancy Permit or otherwise existing on the property.
(e)
All or a portion of the fee(s) set forth in Article 1743.05
may be collected by the Lawrence County Tax Claim Bureau directly
from a successful bidder at a Tax Sale, Judicial Free and Clear Sale,
or at the time of submission of a bid for a Repository Sale, and transmitted
to the City, in which event the Purchaser shall be entitled to a credit
in that amount towards the application fee required for an Occupancy
Permit or Temporary Occupancy Permit.
[Ord. 8347, passed 10-8-2020]
This article repeals and replaces the existing Article 1743
in its entirety.
[Ord. 8347, passed 10-8-2020]
Any owner or purchaser who is aggrieved by the failure of a
Code Enforcement officer or his designee to issue an Occupancy Permit,
Temporary Occupancy Permit, Zoning Classification, or Certificate
of Non-conforming use shall have a right to appeal by filing, within
20 days of the denial or act or omission complained of, as the case
may be, a written request for a hearing before the Housing Board of
Appeals. The Housing Board of Appeals shall establish a procedure
for hearing and deciding appeals under this section. Further appeal
shall be to a court of competent jurisdiction.
[Ord. 8347, passed 10-8-2020]
In the event that any provision of this ordinance shall be invalid,
illegal, or unenforceable, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or impaired
thereby and such provision shall be ineffective only to the extent
of such invalidity, illegality or unenforceability.
[Ord. 8347, passed 10-8-2020]
Nothing in this article shall be construed to prohibit the City
and any of its departments from requiring an Owner, prior to accessing
the property, to acquire the necessary permits and meet all other
related obligations in other ordinances that pertain to building,
property maintenance, fire codes, or other health or safety codes.
[Ord. 8347, passed 10-8-2020]
Whoever violates any provision of this article shall be guilty of summary offense and shall be punished as provided in Section
101.99 of the Administrative Code. Any violation of the provisions of this article on any day shall be a separate and distinct violation and subject the violator to a separate and distinct penalty.