[HISTORY: Adopted by the Board of Supervisors of Reilly Township 4-22-2020 by Ord. No. 1-2020. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
CERTIFICATE
Property use and occupancy certificate issued by Reilly Township
CODE ENFORCEMENT OFFICER
Any person or entity specially designated as such by the Township Board of Supervisors to enforce this chapter and shall include the duly authorized representative(s) of the Code Enforcement Officer.
COMMON AREA
All areas of a building within which a dwelling is located, both interior and exterior, but which are not interior to a dwelling unit.
DWELLING UNIT
A room or group of rooms located within a building forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by human occupants.
ENTITY
A sole proprietorship, firm, partnership, corporation, limited-liability company, association, trust or other business or charitable venture
EXTERIOR PROPERTIES
The open space on the premises under the control of the owners or operator of such premises.
IMPROVED PROPERTY
Any property containing residential, business, educational, factory, institutional, mercantile, storage, assembly, accessory or any other purpose structure improvements. Dwelling units, rental dwellings and other building units are examples of improved property.
LANDLORD
A person or entity owning, leasing, managing, or acting as an agent for the owner or manager of a dwelling, dwelling unit, or rental dwelling.
OTHER BUILDING UNIT
Any nonresidential building, structure, or part of a building or structure which is owned, leased, rented, subleased or otherwise occupied by any person or entity either including or excluding the owner of the improved property.
PROPERTY OWNER
Any person or entity which is the legal owner, equitable owner and/or appointed agent of the legal or equitable owner of the improved property.
RENTAL DWELLING UNIT
A dwelling unit which is rented or leased with or without written documentation. This shall include, but is not limited to, houses, condominiums, apartments, townhouses, mobile homes, modular units, motels and boardinghouses/rooming houses.
SALE
The transfer of ownership of and/or title to property from one person or entity to another person and/or entity.
TEMPORARY HOUSING
A structure that, by the way it has been built, is not expected to maintain its durability for as long a period of time as, but has some of the facilities of, a conventional dwelling.
TENANT
Any person or other entity that rents, leases, or occupies any improved property from a landlord, other than the owner of the property.
TOWNSHIP
Reilly Township, Schuylkill County, Pennsylvania.
VIOLATION
Noncompliance with this chapter or any provision of the ordinances of Reilly Township or any other applicable law or regulation.
No person or entity shall sell or permit to be sold any improved property located within Reilly Township without first obtaining a certificate of property use and occupancy as set forth below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Township shall charge a fee for the processing of an application for a certificate and the costs related to the inspection of the improved property by the Code Enforcement Officer. The fee for an application shall be charged for the following, which fees shall be established by resolution of the Township Board of Supervisors:
(1) 
Single-family dwelling unit/rental dwelling.
(2) 
Multiple-family dwelling unit/rental dwelling: for first unit plus a fee for each additional unit.
(3) 
All other building units.
B. 
In addition to the above fee schedule, the improved property owner shall also pay a fee per hour as established by resolution of the Township Board of Supervisors for each additional hour or portion thereof beyond the initial first hour which the Code Enforcement Officer incurs for performing the inspection.
All procedures and requirements of the Pennsylvania Municipal Code and Ordinance Compliance Act, Act 133 of 2016, found at 68 P.S. §§ 1081 through 1083, and as hereafter amended, will be adhered to prior to the issuance of a certificate upon the sale of an improved property.
No person or entity, nor agent for a person or entity, that is building new or creating an addition to an existing structure shall occupy or permit the new construction to be occupied without first obtaining a certificate.
A. 
No person or entity or agent of a person or entity managing, conducting, owning or operating a dwelling unit, rental dwelling unit or other building unit shall rent, lease, sublet or permit it to be occupied without first obtaining a certificate.
B. 
A certificate issued for a rental unit must be renewed every two years.
C. 
A certificate is revocable for any violation of any provision of this chapter or any other ordinances of Reilly Township. If an inspection and issuance of a certificate has occurred as a result of a change of occupancy, the certificate issued shall be valid for 12 months from the date of issuance or upon a change in occupancy, whichever shall first occur.
D. 
Any building containing more than two rental dwelling units must also have a separate certificate obtained every two years including the completion of random inspections of the common areas of the building. Each rental dwelling unit is also subject to inspection upon a change of occupancy occurring after one year.
A new tenant registration form is required to be completed by the landlord of the rental dwelling unit at the time of a change in occupancy.
In order to be eligible for a certificate, the dwelling unit, rental dwelling unit or other building unit must be in compliance with all existing provisions of the ordinances of Reilly Township and all existing laws of the Commonwealth of Pennsylvania as regards building, plumbing, electrical, zoning, health and safety, fire or fire prevention, minimum housing standards, and property maintenance.
A. 
All requests for a certificate must be made on the application form supplied by Reilly Township. All required fees must be paid at the time of application. The owner, owner's agent, or applicant must be present at the time of inspection.
B. 
Upon receipt of a completed application, the Code Enforcement Officer shall, within 10 business days, conduct an inspection of the improved property to determine its compliance with all minimum standards and requirements of the Township including, but not limited to, the following:
(1) 
Every dwelling unit and rental dwelling unit must have a functioning fire extinguisher and a smoke detector installed on each floor level and a smoke detector in each bedroom;
(2) 
Each dwelling unit and rental dwelling unit must have a functioning carbon monoxide detector installed provided combustible fuel is used or if vehicles are garaged adjacent to the interior of the dwelling unit or rental dwelling unit;
(3) 
An existing acceptable and safe 60 ampere electric service at least, or a minimum of 100 ampere three wire electric service, must be installed for the dwelling unit or rental dwelling unit;
(4) 
Not exceeding an appropriate number of current occupants and the number of intended occupants of the dwelling unit or rental dwelling unit as more fully set forth in any existing Reilly Township Property Maintenance ordinance and Reilly Township Building/Construction Code;[1]
[1]
Editor's Note: See Ch. 160, Property Maintenance, and Ch. 84, Construction Codes, Uniform, of the Township Code.
(5) 
All sidewalks and curbs must be in good repair, free of large cracks (covering more than 50% of surface area and greater than a one-inch width) and crevices, missing bricks/stones and any tripping hazards (greater than one inch high), and in compliance with the Township's sidewalk design standards as set forth in any Township ordinance;
(6) 
All improved property must be supplied with clearly identifiable numbers (minimum of four inches tall) outside the premises, in unobstructed view of the street, designating the street number of the building;
(7) 
The improved property must be in compliance with all other aspects of any existing Reilly Township Property Maintenance Ordinance and Reilly Township Building/Construction Code;[2]
[2]
Editor's Note: See Ch. 160, Property Maintenance, and Ch. 84, Construction Codes, Uniform, of the Township Code.
(8) 
No illegal sewer connections can occur, as defined under the applicable Reilly Township Sewer Connection Ordinance[3] or current sewer inspection policies.
[3]
Editor's Note: See Ch. 175, Sewers and Sewage Disposal, of the Township Code.
C. 
Within five days following inspection, the Code Enforcement Officer shall render a decision in his or her sole discretion on the application for a certificate. In the event that the improved property is in compliance with any and all applicable ordinances and regulations of the Township or any other applicable governing entity, the Code Enforcement Officer shall issue a certificate to the property owner. In the event that the improved property is not in such compliance, the Code Enforcement Officer shall disapprove the application and issue a written decision to the improved property owner which notes all reasons for disapproval, including, but not limited to, all existing violations.
A. 
Upon completion of an inspection of a dwelling unit, rental dwelling unit or other building unit, if any violation(s) is found of the Township ordinances and/or the laws of the Commonwealth of Pennsylvania, the certificate will be denied. An inspection report will be issued with all violations listed. Upon correction of all violations, a written request for reinspection for a certificate must be submitted and a reinspection will occur within 10 days. A reinspection fee as established by resolution of the Township Board of Supervisors must be paid in advance at the time of submission of the request for reinspection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Upon completion of an inspection and/or reinspection regarding the sale of a dwelling unit, rental dwelling unit or other building unit, if any violations are found of any Township ordinances and/or the laws of the Commonwealth of Pennsylvania, then procedures as set forth in the previously mentioned Municipal Code and Ordinance Compliance Act, Act 133 of 2016, as amended,[1] shall govern.
[1]
Editor's Note: See 68 P.S. § 1081 et seq.
A certificate granted under this chapter does not warrant or guarantee on the part of the Township or any of its officers, agents, employees, or the Code Enforcement Officers and assistants, the soundness, fitness, safety, zoning, adequacy or any other aspect of the improved property inspected. The issuance of the certificate shall in no way give rise to any liability on the part of the Township or any of its officers, agents, employees, or the Code Enforcement Officers and assistants to any person or entity.
An owner or his/her agent must be in possession of a valid certificate before allowing any dwelling unit, rental dwelling unit or other building unit to be occupied and/or used.
A. 
This chapter shall not apply to any proposed transfer of improved property contemplated by an agreement of sale which was executed prior to the effective date of this chapter.
B. 
This chapter shall not apply to any proposed transfer of improved property related to a correctional or confirmatory deed.
C. 
This chapter shall not apply to any proposed transfer of improved property between or among certain family members, to include a transfer between a husband and wife; a lineal ascendant (i.e., parent, grandparent, great grandparent) and lineal descendent (i.e., child, grandchild, great grandchild); and/or children of the same parent (siblings).
D. 
This chapter shall not apply to any of the following which take title to improved property for the purpose of holding that 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 improved property:
(1) 
Bank;
(2) 
Savings association;
(3) 
Credit union;
(4) 
Mortgage lender;
(5) 
Financial institution similar to an those listed in Subsections D(1) through (4); and,
(6) 
Subsidiary of a financial institution listed in Subsections D(1) through (5).
E. 
Exception. A financial institution not subject to obtaining a certificate under Subsection D may be required by Reilly Township to correct a substantial violation as defined in the previously mentioned Municipal Code and Ordinance Compliance Act, Act 133 of 2016, as amended.[1]
[1]
Editor's Note: See 68 P.S. § 1081 et seq.
A. 
Any person or entity or any agent/representative of any person or entity required to comply with this chapter who shall violate any provision of this chapter shall, upon conviction before the Magisterial District Judge, be guilty of a summary offense and be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and in default of payment of such fine and costs shall be subject to imprisonment to the extent allowed by law for the punishment of summary offenses. Every day that a violation of this article continues shall constitute a separate offense.
B. 
In addition to any penalty imposed in accordance with this chapter, the improved property owner shall be required to correct the violation(s) of any and all applicable ordinance and regulations of the Township or of an applicable governing entity which are discovered at the improved property.
Any ordinance, parts of ordinances, resolution or parts of resolutions conflicting with the provisions of this chapter are hereby repealed insofar as they are inconsistent with this chapter's provisions.
The provisions of this chapter are hereby declared to be severable. If any clause, sentence, paragraph, section or subsection is declared void or inoperable for any reason by any court, it shall not affect any other part or portion other than the part or portion declared void or inoperable.
[Amended 2-23-2021 by Ord. No. 3-2021; 3-23-2022 by Ord. No. 1-2022]
This chapter shall become effective on January 1, 2023.