[Ord. No. 3-2022, 12/5/2022]
This Part shall be known and may be cited as the "Borough of
Forty Fort Conveyancing Inspection Ordinance."
[Ord. No. 3-2022, 12/5/2022]
The intent of this Part is to provide purchasers the opportunity to review the data and information contained within a building inspection report prior to entering into an agreement of sale and/or consummating a purchase. This Part is furthermore intended to require compliance with the version of the International Property Maintenance Code in effect as provided by Chapter 5 of the Borough Code and the Zoning Code of the Borough of Forty Fort[1] as a prerequisite to obtaining an occupancy permit prior
to and following a conveyance subject to this Part.
[Ord. No. 3-2022, 12/5/2022]
The following words and phrases when used in this Part shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Knowledge of a violation listed on the seller's property
disclosure statement made pursuant to the Act of July 2, 1996 (P.L.500,
No.84), known as the Real Estate Seller Disclosure Act,[1] a violation appearing on a buyer's notification certificate
provided by a municipality or a violation that is a matter of public
record.
The closing 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,[2] the first day following the right of redemption period
authorized under the Municipal Claim and Tax Lien Law.
Knowledge of a violation based on actual or constructive
knowledge.
Any city, borough, incorporated town, township, home rule
municipality, optional plan municipality, optional charter municipality
or any similar general purpose unit of government which may be created
or authorized by statute.
A violation of a building, housing, property maintenance
or fire code, which violation posed a threat to health, safety or
property but not a violation of such a code deemed by a court to be
de minimis, an adopted building, housing, property maintenance or
fire code or maintenance, health or safety nuisance ordinance that
makes a building, structure or any part thereof unfit for human habitation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
A certificate issued by a municipality as a result of the
municipal inspection of a property incident to the resale of the property
that identifies at least one substantial violation, and 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 act. No person may occupy
a property during the term of a temporary access certificate, but
the owner shall be permitted to store personalty 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 a municipality as a result of the
municipal inspection of a property incident to the resale of the property
that reveals a violation but no substantial violation, and 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 Part.
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.
A certificate issued by a municipality stipulating that the
property meets all ordinances and codes and may be used or occupied
as intended.
A violation of a properly adopted building, housing, property
maintenance or fire code or maintenance, health or safety nuisance
ordinance that does not rise to the level of a substantial violation
and is discovered during the course of a municipal inspection of a
property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
[Ord. No. 3-2022, 12/5/2022]
1.
It shall be the obligation of every owner and/or agent of the owner
of a dwelling or building to notify the Borough Code Enforcement Officer
and/or his/her designee upon listing, advertising, or offering a dwelling
or building for sale. At that time, an inspection request shall be
completed by the requester on a form supplied by the Borough. This
form shall include the following notation: The inspection required
by the Borough of Forty Fort Conveyancing Inspection Ordinance is
not intended to take the place of due diligence inspections by a prospective
purchaser for wood-boring insects, radon and structural issues or
any other inspections that may be advisable in the purchase of a dwelling
or building.
2.
The Borough Code Enforcement Officer and/or his/her designee shall
thereupon provide an inspection report for the dwelling or building
based upon physical inspection of the dwelling or building.
3.
Should the owner and/or agent of the owner fail to comply with the
obligation to obtain an inspection, this obligation shall become the
obligation of the purchaser/grantee.
4.
Should the purchaser/grantee fail to comply with obtaining a Forty Fort inspection, said purchaser/grantee or partners if the grantee is a partnership or the corporate officers if the grantee is a corporation or the managing member(s) if the grantee is a limited liability company shall be subject to the penalties set forth in § 11-616.
5.
No occupancy permit will be issued for a property subject to this
Part until and unless the inspection requirement has been accomplished.
[Ord. No. 3-2022, 12/5/2022]
1.
The Borough Code Enforcement Officer and/or his/her designee shall review the information contained within the inspection report within the parameters of this Part to determine the issuance or denial of a certificate of occupancy, as provided in § 11-606.
2.
The building inspection report furnished by the Borough Code Enforcement
Officer and/or his/her designee to the owner and/or agent will contain
the following:
A.
The street address or other appropriate description of the subject
dwelling or building;
B.
A statement concerning whether the dwelling or building is single,
double, or multiunit at the time of inspection prior to the conveyancer;
C.
A statement of zoning applicable to the subject dwelling or building;
D.
A statement concerning the conformity or nonconformity of existing
uses maintained within the dwelling or building and violations of
the Zoning Ordinance, if any, existing at the time of inspection;
E.
A statement concerning variances and/or use permits issued to date
which affect the dwelling or building;
F.
A statement of Property Maintenance Code violations, if any, existing
at the time of inspection;
G.
A statement of Zoning Code violations, if any, existing at the time
of inspection.
[Ord. No. 3-2022, 12/5/2022]
1.
The Borough Code Enforcement Officer and/or his/her designee shall
review the information contained within the inspection report. If
the inspection report reveals no violations the Borough Code Enforcement
Officer and/or his/her designee may issue a use and occupancy certificate.
If the inspection report reveals at least one violation, but no substantial
violations a temporary use and occupancy certificate shall be issued.
If the inspection report reveals at least one substantial violation
a temporary access certificate shall be issued. The Borough Code Enforcement
Officer or his/her designee shall deliver such certificate to the
owner and/or agent who lists, advertises, or offers a dwelling or
building for sale.
2.
The certificate shall be transferred and delivered by the owner and/or
agent to the purchaser of the dwelling or building upon consummation
of purchase or sale.
3.
The Borough Code Enforcement Officer and/or his/her designee shall
provide and deliver to the owner and/or agent written notice and explanation
for the issuance of a temporary use and occupancy certificate or a
temporary certificate of access for any dwelling or building listed,
advertised, or offered for sale.
4.
Within 12 months of the date of purchase, or longer subject to an
agreement between the purchaser and the Borough, any purchaser of
any building, structure or part of a building or structure known to
have one or more substantial violations of Borough codes relating
to building, housing, property maintenance or fire shall purchase,
the purchaser of a property known to be in violation of a municipal
code or ordinance shall, at his option, either:
[Ord. No. 3-2022, 12/5/2022]
It shall be the obligation of every owner and/or agent to allow the purchaser to review the use and occupancy certificate or written notice denying the use and occupancy certificate as provided in § 11-606, Subsection 3, prior to the execution of agreement of sale and/or purchase of the dwelling or building, prior to the transfer of the dwelling or building, and prior to the exchange of any monetary sum relative to the purchase of the dwelling or building should an agreement of sale not be utilized.
[Ord. No. 3-2022, 12/5/2022]
The purchaser shall have the right to review the information
contained within the inspection report or to waive the right to review
the inspection report prior to entering into an agreement of sale
or consummating a purchase.
[Ord. No. 3-2022, 12/5/2022]
1.
It shall be the obligation of every owner and/or agent to deliver
the purchaser acknowledgement form to the purchaser prior to the transfer
of the dwelling or building and prior to the exchange of any monetary
sum relative to the purchase of the dwelling or building should an
agreement of sale not be utilized.
2.
The purchaser of the dwelling shall complete the purchaser acknowledgement
form and deliver it together with a copy of the recorded deed to the
Borough Code Enforcement Officer and/or his/her designee.
[Ord. No. 3-2022, 12/5/2022]
1.
Six months from the date of inspection, if a dwelling has not been sold, the conclusiveness of the inspection report must be either endorsed, as described in Subsection 2, or altered by a new inspection to indicate appropriate changes. The inspection report will only indicate violations and conditions as of the date of inspection. Such inspection report does not indicate violations or corrections of such occurring between the date of inspection and the date of agreement of sale of a dwelling, or transfer of dwelling when an agreement of sale is not utilized, and/or the exchange of a monetary sum relative to the sale of a dwelling.
2.
However, upon the request of owner and/or agent, prior to the expiration of the six-month period referred to in Subsection 1, the Borough Code Enforcement Officer and/or his/her designee may issue endorsements to the inspection report, extending its conclusiveness for up to two additional three-month periods, showing any change to the information shown on the original inspection report. Each endorsement, however, shall extend the conclusiveness of the inspection report for only three months.
[Ord. No. 3-2022, 12/5/2022]
1.
When a property is denied a certificate of use and occupancy as a
result of a conveyancing inspection, no certificate of use and occupancy
will be issued to a subsequent owner unless the property maintenance
issues noted in the inspection are remediated in compliance with the
Forty Fort Property Maintenance Code. Furthermore, no certificate
of use and occupancy will be issued for any occupancy that does not
comply with the Forty Fort Borough Zoning Code.[1]
2.
Except as provided in § 11-606, Subsection 4, when a property is denied a certificate of use and occupancy as a result of a conveyancing inspection, the current owner is nevertheless required to remediate any property maintenance issues found in such inspection in compliance with the Forty Fort Property Maintenance Code.
3.
Except as provided in § 11-606, Subsection 4, when a property is denied a certificate of use and occupancy as a result of a conveyancing inspection, the current owner is nevertheless required to remediate any zoning issues found in such inspection so as to bring the property in compliance with the Forty Fort Borough Zoning Code.
[Ord. No. 3-2022, 12/5/2022]
Fees for buyer notification inspections shall be set by resolution
of Borough Council. The initial fees shall be:
[Ord. No. 3-2022, 12/5/2022]
The building inspection report, set forth in § 11-603, shall not be required for a dwelling should any of the following conditions be applicable:
1.
Where such building is intended to be demolished and a valid demolition
permit pursuant to the Building Code of the Borough has been obtained;
2.
Where such building is sold 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:
3.
Where such dwelling is given as a gift interfamily, i.e., husband
and wife, parents and children and spouses of children;
4.
When title to such dwellings pass by virtue of laws relating to a
decedent's estate;
5.
Where such dwelling is new and has never been occupied as a dwelling
and has been inspected and approved for occupancy by a Construction
Code Inspector of the Borough of Forty Fort.
[Ord. No. 3-2022, 12/5/2022]
1.
Notwithstanding any other law or ordinance, the provisions of this Part may not be waived or disclaimed by an oral or written agreement executed by any owner, agent or purchaser excepting for such waiver exercised under § 11-607 hereof.
2.
The inspection report shall be compiled from the records of the Borough
and from an inspection of the dwelling or building. Neither the enforcement
of this Part nor the preparation and delivery of any inspection report
required hereunder shall impose any liability upon the Borough, or
officers or employees thereof, for any errors or omissions contained
in such inspection report; nor shall the Borough bear any liability
not otherwise imposed by law.
3.
The inspection required under this Part is not intended to take the
place of due diligence inspections by a prospective purchaser for
wood-boring insects, radon, structural issues, or any other inspections
that may be advisable in the purchase of a dwelling or building.
[Ord. No. 3-2022, 12/5/2022]
1.
Appeals from the findings set forth in the building inspection report
must be filed in writing with the Borough Code Enforcement Officer
within 20 business days after issuance of the inspection report, who
will refer the appeal to the board or boards as follows:
A.
Property Maintenance Board of Appeals, where the conditions reported
constitute violations of the applicable codes of the Borough or deal
with the suitability of any dwelling or structure, with regard to
the health, safety and welfare of our citizens for continued occupancy;
and/or
2.
Any party may appeal decisions of the Property Maintenance Board
of Appeals or the Zoning Hearing Board to the Court of Common Pleas
of Luzerne County.
[Ord. No. 3-2022, 12/5/2022]
Any person, partnership, corporation, or limited liability company
who or which shall violate the provisions of this Part shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $500. All fines collected for the violation
of this Part shall be paid over to the governing body.
[Ord. No. 3-2022, 12/5/2022]
The provisions of this Part are declared to be severable, and
if any section, sentence, clause, or phrase of this Part shall be
held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, sentences, clauses or phrases
of this Part, but the same shall remain in full force and effect,
it being the intent that this Part shall stand, notwithstanding the
invalidity of any part thereof.
[Ord. No. 3-2022, 12/5/2022]
This Part shall become effective upon date duly enacted.
