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 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 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.
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.