[Ord. No. 2021-01, 6-16-2021]
This chapter shall be known and may be cited as the "West Pottsgrove
Township Resale Use and Occupancy Ordinance."
[Ord. No. 2021-01, 6-16-2021]
The purpose of this chapter is to regulate the use and occupancy
of leased properties and properties in which title of ownership is
transferred, in order to prevent use and occupancy of said properties
from adversely affecting the public health, safety or welfare of any
individual or the community as a whole.
[Ord. No. 2021-01, 6-16-2021]
This chapter is authorized by the general powers vested in the
Township by the First Class Township Code of Pennsylvania and the
authority and procedures of the Pennsylvania Municipalities Planning
Code, as amended,[1] as well as other laws of the Commonwealth of Pennsylvania,
including the Pennsylvania Municipal Code and Ordinance Compliance
Act.[2]
[Ord. No. 2021-01, 6-16-2021]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meaning indicated:
The Building Inspector of Wes Pottsgrove Township, the Code
Official of West Pottsgrove Township, the Zoning Officer of West Pottsgrove
Township, or any other person that the Board of Commissioners may
designate by resolution.
Any building or structure in which any portion of the building
is wholly or partly used for any enterprise, occupation or activity
entered into for profit.
A certificate issued by the Township Building Code Official
upon compliance with the standards set forth in the Township Property
Maintenance Code and the allowable use designation according to the
Township Zoning Ordinance following inspection of property as required
by this section.
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 Claim and Tax Lien Law,[1] the first day following the right of redemption period
authorized under the Municipal Claim and Tax Lien Law.
A transfer that does not require a resale certificate of
use and occupancy and includes any transfer between any of the following
persons or in any of the following circumstances:
Transfers of real estate between relatives, if such a transfer
would be exempt from realty transfer tax under the state realty transfer
tax statute and regulations codified at 72 P.S. § 8102-C.3(6).
Transfers of real estate between parent and subsidiary corporations
or between other entities having common ownership shall also be exempt
from this chapter.
Vacant land.
For new construction or dwelling units that receive a certificate
of occupancy, pursuant to the UCC, and within one year of the issuance
of such UCC certificate of use and occupancy.
Any structure or building which is used or intended to be
used for living or sleeping by human occupants, including single room
units and multi room units, or any building or structure in which
any portion of the building is wholly or partly used for any enterprise,
occupation or activity entered into for profit.
Any individual or group of individuals, firm, association,
organization, partnership, trust, company, public or private corporation
for-profit or not-for-profit, political subdivision, agency or instrumentality
of the commonwealth, bureau or agency of the United States, or any
other similar entity.
A violation of a Township ordinance related to building,
housing, property maintenance or fire code or maintenance, health,
safety, or nuisances, that makes a building, structure, or any part
thereof, unfit for human habitation, and is discovered during the
course of a Township inspection of a property, and disclosed to the
record owner, or prospective purchaser of the property, through issuance
of report from the Township.
A certificate issued by the Township, as a result of an inspection
of a property, incident to the resale of the property, that identifies
at least one substantial violation. The purpose of the certificate
is to authorize the purchaser to access the property for the purpose
of correcting substantial violations, pursuant to the maintenance
and repair provisions of this chapter. No person may occupy a property
during the term of a temporary access certificate, but the owner shall
be permitted to store personally 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.
A certificate, issued by the Township as a result of an inspection
of a property incident to the resale of the property, that reveals
a violation, but no substantial violation. The purpose of the certificate
is to authorize the purchaser to fully utilize or reside in the property,
while correcting violations pursuant to the maintenance and repair
provisions of this chapter.
West Pottsgrove Township, Montgomery County, Pennsylvania.
The conveyance, in whole or in part, of property.
The Pennsylvania Uniform Construction Code.
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.
Each separate area of a building designed or intended to
be used for a one-family dwelling, one commercial user, including
business and professional users, or one industrial user.
A certificate issued by the Township, stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
A violation of a Township ordinance related to building,
housing, property maintenance or fire code or maintenance, health,
safety, or nuisances, that does not rise to the level of a substantial
violation, and is discovered during the course of a Township inspection
of a property and disclosed to the record owner or prospective purchaser
of the property through issuance of a report.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Ord. No. 2021-01, 6-16-2021]
A.
Resale Use and Occupancy Certificates.
1.
Except for exempt transfers, certificates of use and occupancy shall be required for all properties prior to sale. The owner (seller) of the property subject to the sale shall notify the Township at least 30 days prior to the proposed transfer and shall make all areas to be inspected available to the Township, upon the Township's request. Buyers of properties with known substantial violations must comply with the requirements of § 11.5-8 herein.
2.
An applicant for a resale certificate of occupancy shall inform the
buyer of the property of the result of the inspection prior to sale.
3.
The use and occupancy certificate shall state the proposed use for
the structure, building or dwelling unit. No transfer of and no change
in the use or ownership of any structure, building or dwelling unit
shall be made until a use and occupancy certificate has been issued
in accordance with this chapter. It shall be the duty of any person
who shall sell or otherwise transfer ownership of any structure, building
or dwelling unit to another person to apply for and obtain such use
and occupancy certificate required by this chapter, prior to such
transfer of ownership and/or any change in the use or occupancy of
such property.
B.
Rental Use and Occupancy Certificates.
1.
Certificates of use and occupancy shall be required for all properties
upon their advertisement or offering for rent, with the exception
of properties rented to relatives, if such a transfer would be exempt
from realty transfer tax under the state realty transfer tax statute
and regulations codified at 72 P.S. § 8102-C.3(6).
2.
Such certificate shall be required upon leasing property to each
new tenant or every two years, if rented continuously to the same
tenant.
3.
The owner of the rental property shall notify the Township at least
10 days prior to the proposed rental and shall make all areas to be
inspected available to the Township, upon the Township's request.
[Ord. No. 2021-01, 6-16-2021]
Any person who or which shall occupy or use any structure, building
or dwelling unit without obtaining a use and occupancy certificate
shall be in violation of this chapter and shall, upon conviction thereof
in a summary proceeding, be guilty of a summary offense, and subject
to the payment of a fine of not less than $300 and not more than $1,000,
and the costs of prosecution, including the attorneys' fees of
the Township. Each day that this chapter is violated after notice
to cease and desist such occupancy or use shall constitute a separate
offense.
The Township shall issue a use and occupancy certificate in
the following manner:
A.
If the inspection reveals no violations, the Township shall issue
a use and occupancy permit.
B.
If the inspection reveals at least one violation, but no substantial violations, the Township shall issue a temporary use and occupancy certificate subject to the requirements of § 11.5-8 herein.
C.
If the inspection reveals at least one substantial violation, the Township shall specifically note the substantial violation(s) and issue a temporary access certificate subject to the requirements of § 11.5-8 herein.
D.
Any person or persons authorized to make occupancy inspections, as
defined herein, shall enjoy all privileges, rights and immunities
which would inure to the Building Inspector of the Township.
[Ord. No. 2021-01, 6-16-2021]
A.
Within 12 months of the date of purchase, the buyer of a property
in violation of a Township Code or ordinance shall, at their option,
either:
B.
Negotiation. At the request of the property owner, the Township may, at its sole discretion, allow the property owner a longer time period to maintain and repair the structure under a temporary access certificate. The time periods set forth in Subsection A shall not be shortened.
C.
Revocation. Any use and occupancy certificate issued hereunder may
be revoked in the event that the structure, building or dwelling unit
is subsequently determined to be unsafe or uninhabitable, or that
a condition exists that is in violation of any applicable ordinance
of the Township. In the event that a temporary access certificate
or temporary use and occupancy certificate is issued, such certificates
may be revoked if the necessary repairs are not made within the time
limit provided for at the time of issuance of such certificate.
[Ord. No. 2021-01, 6-16-2021]
A.
At the expiration of the time period in which the property owner
is permitted to bring the building, structure or dwelling unit into
compliance or at the request of the property owner, whichever occurs
first, the Township shall reinspect the property for the purposes
of determining compliance with the cited violations as noted on the
temporary certificate.
1.
If the reinspection under either a temporary use and occupancy certificate
or a temporary access certificate indicates that all noted violations
have been corrected, the Township shall issue a use and occupancy
certificate.
2.
If reinspection under a temporary access permit indicates that all
substantial violations have been corrected, but other nonsubstantial
violations have not been corrected, the Township shall issue a temporary
use and occupancy certificate to be valid for the time remaining on
the original temporary access certificate.
3.
If reinspection under a temporary use and occupancy permit reveals
that all nonsubstantial violations have not been corrected, the property
owner shall have the time remaining, if any, on the original temporary
use and occupancy permit to correct the violations.
B.
Penalties/Revocation. Failure to comply with the requirements of
this chapter shall result in:
1.
Revocation of the temporary certificate;
3.
The buyer being personally liable for the costs of maintenance, repairs
or demolition, sufficient to correct the cited violations, and a fine
of not less than $1,000 and not more than $10,000. As required by
statute and if applicable, not less than 1/3 of the fine imposed specifically
for Code violations shall be used by the Township for low-income housing,
in a manner determined by the Township.
[Ord. No. 2021-01, 6-16-2021]
A.
Except as set forth in Subsection B, this chapter shall not apply to, and the Township will not require, a certificate of occupancy, a temporary use and occupancy certificate or a temporary access certificate for a real estate transfer, including a residential or nonresidential transfer, as provided under 68 Pa.C.S.A. § 7103(b)(2) (relating to application of part), to any of the following which take title to property for the purpose of holding the property for sale to offset losses incurred on a loan or other obligation in default secured by a mortgage, deed of trust or other lien on the property:
[Ord. No. 2021-01, 6-16-2021]
A.
The Township shall inspect all properties for compliance with the
items set forth on the Township's use and occupancy inspection
form (Note: the Township's use and occupancy inspection form
is on file at the Township office and may be examined there during
regular business hours) created in accordance with the International
Property Maintenance Code, as amended, and all local, state, and federal
laws, before issuing use and occupancy certificates. These items may
be amended from time to time, in accordance with the aforementioned
laws.
B.
The applicant for a certificate of use and occupancy shall pay, at
the time of application, a fee to the Township in an amount established
by the Board of Commissioners by a fee schedule adopted by resolution
from time to time. Such fee shall be nonrefundable in the event that
the Building Inspector shall refuse to issue a certificate of occupancy
after inspection.
