[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.