As used in this chapter, the following terms shall have the
meanings indicated:
OCCUPANCY CERTIFICATE
A certificate issued by the Borough stipulating that the
property meets all applicable laws, ordinances, and regulations of
Collegeville Borough and the Commonwealth of Pennsylvania, including
the Property Maintenance Code, and may be used or occupied as intended.
SUBSTANTIAL VIOLATION
A violation of 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 Borough inspection of a property
and disclosed to the record owner or prospective purchaser of the
property through issuance of a Borough report.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by the Borough as a result of the inspection
of the property by the Borough 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 all
applicable laws, ordinances, and regulations of the Borough of Collegeville
and the Commonwealth of Pennsylvania, including the Property Maintenance
Code. No person may occupy a property during the term of a temporary
access certificate, but the owner shall be permitted to store personal
items that are related to the proposed use or occupancy of the property
or are needed to repair the substantial violations during the time
of the temporary access certificate.
TEMPORARY OCCUPANCY CERTIFICATE
A certificate issued by the Borough as a result of the Borough
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
all applicable laws, ordinances, and regulations of the Borough of
Collegeville and the Commonwealth of Pennsylvania, including the Property
Maintenance Code.
No property or building subject to a change of use or change
in occupancy shall be occupied or used for any purpose and no certificate
of occupancy, building permit, demolition permit or similar permit
and no site improvements shall be commenced until the Zoning Officer
of the Borough has issued zoning permits and confirmed compliance
with all validly enacted laws of the Borough of Collegeville and the
Commonwealth of Pennsylvania.
From and after the effective date of this chapter, it shall
be unlawful for any person, firm or corporation to change the occupancy
of any residential dwelling within the Borough of Collegeville or
permit such a change without first obtaining an occupancy certificate
or temporary occupancy certificate.
It shall be unlawful for any person, firm, or corporation to
occupy any residential dwelling unit within the Borough of Collegeville
when an occupancy certificate or temporary occupancy certificate is
required by this chapter, without first obtaining such a certificate,
or continue to occupy any such unit or building with an expired certificate.
Occupancy certificates issued for non-owner-occupied residential
dwelling units shall expire three years after the date of issuance
or when there is an occupancy change, whichever occurs first. An application
for a new occupancy certificate shall be made prior to the expiration
of an occupancy certificate, in compliance with the requirements of
this chapter.
It shall be unlawful for any person, firm, or corporation to
sell any residential dwelling unit within the Borough of Collegeville
without first obtaining an occupancy certificate, temporary occupancy
certificate, or temporary access certificate, regardless of whether
or not there is a change in occupancy at the time of such sale. This
requirement shall not apply to real estate transfers to any bank,
savings association, credit union, mortgage lender, or any similar
financial institution or subsidiary thereof, which take title to the
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.
Applications for occupancy certificates shall be made to the
Borough of Collegeville on forms provided for that purpose.
Upon receipt of a properly completed application for an occupancy
certificate and payment of the required fee, the Borough of Collegeville
shall promptly inspect the residential dwelling unit or commercial
or industrial building which is the subject of the application to
determine if the building conforms to all applicable laws, ordinances,
and regulations of the Borough of Collegeville and the Commonwealth
of Pennsylvania, including the Property Maintenance Code.
If, upon inspection, the Borough shall determine that the residential
dwelling unit or commercial or industrial building is in compliance
with all applicable laws, ordinances, and regulations, then the Borough
shall forthwith issue an occupancy certificate to the applicant.
The Council of the Borough of Collegeville, shall, from time
to time, establish by resolution such fees as it deems reasonable
and proper to be charged for the issuance of an occupancy certificate,
temporary occupancy certificate and temporary access certificate pursuant
to the provisions of this chapter.