[Ord. No. 2020-740, 7/14/2020; as amended by Ord. No. 2022-759, 12/13/2022]
A. 
The Township of West Norriton Manager, or the Manager's designee, is authorized to start a biannual inspection program of each commercial/business property in the Township to safeguard the health and safety of the occupants thereof and to determine and enforce compliance with the codes, laws, and regulations applicable to such units and the structures containing such units. The Inspector is authorized to enter for the purpose of such inspection all businesses properties, and it is the duty of the business property owners to provide access to such properties upon request for said inspection. The construction date of the building will be taken into consideration when determining safety standards.
B. 
Residential properties meeting the definition of a business will only have their common areas inspected. Common areas of residential properties include, but are not limited to, hallways, stairways, common bathrooms, lobbies, and meeting rooms. The inspection will not include individual apartments, dormitories, or living quarters unless requested by the property owner or tenant.
[Ord. No. 2022-759, 12/13/2022[1]]
The following words or phrases, when used in this Part, shall have the meaning ascribed to them by this section unless the context clearly indicates a different meaning:
BUSINESS
All businesses, trades, occupations, professions and activities carried on or exercised for gain or profit in West Norriton Township, or organizations operating as nonprofits or places of worship or assembly for the public, wherein there is access by employees, vendors, customers, clients, participants, event attendees, and other members of the public onto the business premises, including without limitation enterprises engaged in by operators of hotels, motels, parking lots, garages and warehouses; lessors of real and/or tangible personal property; teachers, veterinarians, lawyers, engineers, architects, chemists, certified public accountants, funeral directors, consultants, social workers, psychologists, nurses, therapists, physicians, surgeons, osteopaths, dentists, podiatrists, chiropractors, optometrists, pharmacists, and other health care providers; promoters, factors, commission merchants, agents, brokers, and manufacturers' representatives; advertising and public relations agencies; real estate brokers, insurance brokers and agents; cable television operators; operators of places of amusement providing either passive or active recreation; vending machine operators, operators of barbershops, beauty shops, cleaning, pressing and dyeing establishments, laundries, shoe repair shops, tailor shops, and furniture finishing and upholstering shops; contractors engaged in the electrical, plastering, bricklaying, masonry, carpentry, heating, ventilating, air conditioning, plumbing, painting and other building trades, whether engaged in new construction or in the alteration, maintenance or repair of structures and land; persons engaged in the repair of electrical, electronic and automotive machinery and equipment or other machinery and equipment; private educational facilities; storage facility businesses; industrial operations; manufacturing operations; or other factory-type facilities where products are created, assembled, packaged, or stored; and other businesses, trades, occupations and professions, religious institutions, nonprofit organizations, in which any goods or services are offered to the public.
COLLECTOR
The Finance Department of West Norriton Township, or another person designated by the Township Manager for purposes of this Part.
INSPECTOR
The person designated by West Norriton Township who is authorized to enter business properties for purposes of inspection for compliance with this chapter.
LICENSE YEAR
The twelve-month period beginning the first day of January 2023, and every other year thereafter. Each business will be inspected on a two-year cycle (odd years).
PERSON
All individuals, partnerships, limited partnerships, associations, or corporations. Whenever used in any clause prescribing or imposing a penalty or pursuing fines or enforcement of this Part, the term "person," as applied to an association, shall mean the partners or members thereof, and as applied to a corporation, shall mean the officers thereof.
[1]
Editor's Note: This ordinance also renumbered former §§ 7-302 and 7-303 as §§ 7-304 and 7-305, respectively.
[Ord. No. 2022-759, 12/13/2022]
For the year beginning 2023, and every other year thereafter, every person desiring to continue to engage in or to hereafter begin any business in West Norriton Township shall on or before the last day of March and every other year thereafter, register the business with the Township prior to continuing or commencing the business. Registration will be mailed to each business in January with payment due by the end of March.
[Ord. No. 2020-740, 7/14/2020; as amended by Ord. No. 2022-759, 12/13/2022]
A. 
The Township of West Norriton shall notify the property or business owner or operator of its intent to inspect the property and business at least five days prior to the inspection. Such notification shall be in the form of written communication or by phone.
B. 
After the inspection, the Inspector shall submit any violations in writing to the property or business owner, operator or designated agent. The owner, operator, or agent must correct any violations within a time frame set by the Inspector. Reinspections shall be conducted every 30 days until the violations have been corrected to the satisfaction of the Inspector. If the violation is deemed to be an actual or potential life-safety hazard, then the Fire Official or Inspector may notify the property or business owner, operator or agent that the violation must be corrected immediately, or the property will be closed until the violation is corrected.
[Ord. No. 2020-740, 7/14/2020; as amended by Ord. No. 2022-759, 12/13/2022]
A business license fee to cover the inspection, administrative, and collection costs is hereby imposed upon every business in the Township. The fee, and penalties and interest for late payment of the fee, shall be established in the Township fee schedule and may be amended by resolution of the Board of Commissioners.
[Ord. No. 2022-759, 12/13/2022]
The inspection shall include, but may not be limited to, employee census, fire and panic, fire alarms, smoke detectors, emergency access, and identification of toxic, corrosive, explosive, and/or hazardous materials as defined by SARA Title III.
[Ord. No. 2022-759, 12/13/2022]
It shall be the duty of the Collector to collect and receive the fees, fines, and penalties imposed by this Part. It shall also be the Collector's duty to keep a record showing the fees received and the date of payment.
[Ord. No. 2022-759, 12/13/2022]
Any person or business claiming an exemption from this Part, or otherwise claiming that this Part is inapplicable to the person or business, shall have the burden of proof with respect to the assertion of any such claim.
[Ord. No. 2022-759, 12/13/2022]
All fees imposed by this Part, together with interest and penalties as established by the Township in the Township fee schedule, shall be recoverable as other debts of like character are recovered. The Township shall be entitled to the recovery of attorneys' fees and costs incurred in collection of any such fees.
[Ord. No. 2022-759, 12/13/2022]
A. 
Basis for Violation. It shall be unlawful for any person or business, as either the owner, operator or an agent thereof of a business, to perform business activities within the Township without notifying the Township of the business and passing the then-applicable biannual inspection from the Township as established in this Part.
B. 
Penalties.
(1) 
Any person or business who shall violate a provision of this Part, or should fail to comply therewith, or with any of the requirements thereof, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township through enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, such person may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. If the penalty is not paid, the Township may initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this Part that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Montgomery County.
(2) 
In addition to the penalties set forth above, a property owner may be required to evict or relocate a business, or the business may be prohibited from future use or occupation on the property until the required conditions are corrected.
C. 
Nonexclusive Remedies. The penalty provisions of this Part shall not limit the ability of the Township's ability to enforce other Township ordinances and to utilize the penalties, remedies and procedures provided under such other Township ordinances and/or federal or commonwealth laws.