[HISTORY: Adopted by the Board of Commissioners (now
Township Council) of the Township of Bristol 8-15-1984 by Ord. No. 1064. Amendments noted where applicable.]
The General Assembly finds that in municipalities throughout
the commonwealth many owners of properties are using such properties
in violation of the zoning ordinances and regulations of such municipalities
and are maintaining such properties in violation of housing, building,
safety and fire ordinances and regulations and are offering such properties
for sale without revealing such illegal use or the receipt of notice
of the existence of the nature of violations until they have entered
into agreements of sale or have consummated the purchase.
[Amended 10-20-1992 by Ord. No. 92-17]
A.
In order
to prevent undue hardships and losses imposed on such innocent purchasers
by owners who have failed to reveal the illegal use of the property
being conveyed or who have made misrepresentations in that regard,
all sellers of property or their agents shall be required to advise
the purchaser of the legal use of such property and to deliver to
the purchaser not later than at the settlement held for such property
a use registration permit showing the legal use and zoning classification
for such property.
B.
In order
to prevent undue hardship and losses imposed on an innocent purchaser
by an owner who has failed to disclose to a prospective purchaser
of property that a notice has been received that such property is
in violation of any and all Township ordinances or regulations, all
sellers of property or their agents shall be required to advise purchasers
of any notice received by the owners of any violation of any housing,
building, safety or fire ordinance or regulation with respect to the
property to be sold.
[Added 7-21-1998 by Ord.
No. 98-15]
As used in this chapter, the following terms shall have the
meanings indicated:
Any agreement or written instrument which provides that title
to any property shall thereafter be transferred from one owner to
another owner, and shall include, inter alia, written leases which
contain options to purchase the leased property and leases which provide
that the lessee of the property shall acquire title thereto after
the payment of a stipulated number of regular rent payments or after
a stipulated period of time.
Curbs and sidewalks which have cracks, breaks or missing
pieces, are heavy or settling, have an unacceptable wearing course
or do not conform to established line or grade.
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real property.
Whenever used in any clause prescribing or imposing a penalty, the
term “owner” as applied to copartnerships and associations
shall mean the partners or members thereof and, as applied to corporations,
the officers thereof. “Owner” shall also be construed
to include the agents acting on behalf of the owner.
Any building or structure situate in the Township of Bristol.
[Amended 10-20-1992 by Ord. No. 92-17; 10-25-2012 by Ord. No. 2012-05]
A.
It shall
be unlawful for any owner or his/her agent to sell his property or
any interest therein unless the owner or his/her agent shall first
deliver to the purchaser at or prior to the time of settlement a certification
of the district classification, issued by the appropriate municipal
officer, indicating the zoning classification and the legality of
the existing use of the property to be sold.
B.
It shall
be unlawful for any owner or his/agent to sell his property or any
interest therein unless the owner or his/her agent shall first deliver
to the purchaser at or prior to the time of settlement a certification
from an appropriate licensed contractor that the chimney has been
inspected and is compliant with any and all applicable local, state
and federal safety regulations, as well as, a certification by an
appropriate licensed electrical contractor that the dwelling’s
electrical systems, including smoke detectors, have been inspected
and those systems are compliant with all local, state and federal
safety regulations.
C.
It shall
be unlawful for any owner or his/agent to sell his property or any
interest therein unless the owner or his/her agent shall first deliver
to the purchaser at or prior to the time of settlement a certification,
issued by the appropriate municipal officer, disclosing whether there
exists any notice of an uncorrected violation of any and all Township
ordinances.
[Amended 12-14-1993 by Ord. No. 93-13; 10-25-2012 by Ord. No. 2012-05]
A.
Every owner
or his/her agent shall insert in every agreement for the sale of property
a provision showing the zoning classification of such property and
stating whether the present use of the property is in compliance with
or in violation of the zoning laws and ordinances, and every owner
or his/her agent shall insert in every agreement for the sale of property
a provision disclosing whether there exists any notice of an uncorrected
violation of any and all Township ordinances.
B.
Every buyer
shall, at or before the time of settlement, execute a statement, in
a form acceptable to the Township, acknowledging that, pursuant to
the Bristol Township Code of Ordinances, property owners are responsible
for the maintenance and repair of curbs and sidewalks at their own
expense. A fully executed copy of the statement shall be provided
to the Township by buyer within 10 days of the date buyer signs the
statement.
C.
If any
owner or his/her agent fails to include any provision required by
this chapter in an agreement for the sale of property then any action
at law or in equity instituted by a purchaser against the owner and/or
his/her agent, it shall be conclusively presumed that the owner or
his/her agent at the time of the signing of such agreement represented
and warranted to the purchaser that such property was being used in
compliance with the thenexisting zoning laws and ordinances and that
there was no uncorrected violation of any and all Township ordinances.
D.
Any buyer
who fails to provide the statement required under this chapter shall
be guilty of a summary offense and, upon conviction for any such violation
by a district justice, shall pay a fine of not more than $500 or be
imprisoned for not more than 30 days or both. Each day or portion
thereof that the violation continues shall constitute a separate offense,
and shall be punishable by like penalties.
A certificate from the appropriate municipal officer certifying
that the property has been approved or designated as a nonconforming
use shall be deemed compliance with this chapter.
[Amended 10-20-1992 by Ord. No. 92-17]
Any owner and/or his/her agent who violates the provisions of § 154-4 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be sentenced to pay a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs, shall be imprisoned for a term not exceeding 30 days.
[Amended 10-20-1992 by Ord. No. 92-17; 10-25-2012 by Ord. No. 2012-05; added 7-21-1998 by Ord. No. 98-15; amended 10-25-2012 by Ord. No. 2012-05]
A.
Before a
building, including but not limited to dwelling units, is reoccupied
after it has been sold or a new tenant obtained, it shall be the duty
of the former owner, new owner, tenant or landlord and/or agent, as
the case may be, to make application for an occupancy certificate
at the office of the Township of Bristol’s Office of License,
Zoning and Inspections. The Office of Licenses, Zoning and Inspections
shall, upon receipt of said application, forthwith cause an inspection
of the premises to be made.
B.
It shall
be the duty of the Office of Licenses, Zoning and Inspections to issue
an occupancy certificate if the premises is found to comply with all
of the Township’s codes and ordinances in effect at the time
the original construction of the premises was completed. Any additions
or alterations to the original construction must comply with Township
ordinances in effect at the time of such addition or alteration. If
the premises is in violation of the aforementioned codes or ordinances,
the Office of Licenses, Zoning and Inspections shall notify the applicant
in writing of the code or ordinance violations and, further, that
the premises is not to be occupied until the violations are abated
and the certificate is issued.
C.
The Office
of Licenses, Zoning and Inspections is hereby authorized to prepare
such forms and rules and regulations as may be required to implement
the provisions of this section.
D.
The Office
of Licenses, Zoning and Inspection shall inspect all curbs and sidewalks
on any property prior to the sale or transfer of the property and
shall require the property owner to repair or replace curbs, sidewalks
or portions thereof, determined to be defective.
