The Township of Spring wants to ensure that all single-family dwellings and multiple-family dwellings meet certain zoning and certain property maintenance requirements prior to property transfer. In order to effectively and efficiently ensure that the dwelling units are in compliance, the Township Code Enforcement Officer or his/her agent must inspect such dwelling units before the transfer of title.
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2007 by Ord. No. 341 (Ch. XV, Part 2, of the 2013 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
Any person, partner or corporation who for monetary or other consideration aids a seller in the sale of property. Liability shall be limited to failure to notify the seller of the obligations imposed by this article.
The Board of Supervisors of the Township of Spring, Berks County, Pennsylvania.
Any person specifically designated as such by the Board of Supervisors to enforce this article, and shall include the duly authorized representatives of said Code Enforcement Officer.
A building or portion thereof, providing one or more rooms arranged for the use of one or more individuals living together as a single house keeping unit, and having no cooking or sanitary facilities in common with any other unit.
A person who is in the direct line of descent from the ancestor who is the legal owner of the dwelling unit. The term includes husband and wife, parent and child, brother and sister, and grandparent and grandchild. It does not include a collateral line of decent such as cousins, aunts, uncles, nephews, or nieces.
A building arranged, designed, and intended to provide two or more dwelling units. Individual dwelling units may share party walls with other units and either have common outside access areas or have individual outside access areas. Types of such buildings shall include: townhouses, apartments, and/or condominiums.
A written notice issued by the Code Enforcement Officer directing any repair or remediation, corrective or other action relating to any deficiencies as set forth in a report which may include a time frame within which any such action must be taken.
Any person who alone, jointly or severally with others shall have:
Any individual, firm, corporation, association, partnership or other entity.
A building arranged, intended, or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building. Types of such buildings shall include mobile homes and modular units.
The Township of Spring, Berks County, Pennsylvania.
The Code Enforcement Officer shall administer and enforce the provisions of this article and may make rules and regulations necessary for its administration. Such rules and regulations shall not be in conflict with this article and shall be submitted to the Board of Supervisors for approval. If the rules and regulations so submitted to the Board of Supervisors are approved by the Board of Supervisors, the same shall be filed in the office of the Code Enforcement Officer and in the office of the Secretary of the Township as an addendum to this article. Such rules and regulations as may be adopted shall then be deemed to be a part of this article and to have the same effect as this article.
A.
No existing multiple-family dwelling or single-family dwelling shall be transferred by conveyance, lease or other means, occupied by a tenant or new owner after the transfer of title by deed or other means, until an inspection has been completed by the Code Enforcement Officer and a property transfer certificate issued.
B.
Application. Applications for issuance of a property transfer certificate shall be filed with the Code Enforcement Officer by the seller, buyer, or agent for the seller or buyer of the property, no later than 30 business days prior to settlement and/or transfer of ownership. Applications shall contain such information as the Code Enforcement Officer may require. Any application filed within 30 days before settlement will be processed in due course and may cause the issuance of a property transfer certificate to be delayed beyond scheduled settlement date.
C.
Fees. An inspection fee shall be charged for each property inspected and said fee must accompany the application form when it is submitted in accordance with the Township Fee Schedule, as revised from time to time by resolution.
A.
Upon receipt of a completed application, the Code Enforcement Officer shall, within 10 business days, relying upon the application or in the Codes Officer's discretion, by inspection as follows:
(1)
Utility and storm drainage easements and road rights-of-way must be clear of all obstructions, including those resulting from landscaping;
(2)
Fences are located according to setbacks and yard requirements, properly permitted, in good repair, and of proper height (with self-closing and latching gate if used as a barrier for a pool);
(3)
Pools and spas are properly permitted, located according to setbacks and yard requirements, in good repair, contain no stagnant water, and are properly fenced;
(4)
Sheds are properly permitted, placed according to proper setback and yard requirements from the lot lines and in proper location in rear yard behind house;
(5)
Decks are properly permitted, placed according to proper setback and yard requirements and comply with attachment, baluster spacing and railing height requirements;
(6)
Curb, sidewalk and driveway entrance ramps are in a safe and adequately maintained condition;
(7)
Sanitary sewer connections are in such condition as to prevent and/or control inflow and infiltration of waters into the sanitary sewer collection system and sump pumps and/or rain leaders are not connected to the sanitary sewer system;
(8)
Dwelling units reconcile with the maximum number of units permitted according to Township records;
(9)
Proper sump pump discharge locations are adequate and properly placed;
(10)
The type, location and number of smoke detectors have been verified;
(11)
All nonresidential uses conform with Township records; and
(12)
Number of bedrooms have been verified.
B.
Re-inspections. Upon correction of all violations, the applicant shall notify the Township in writing for a follow-up inspection, which shall be conducted within 10 business days from notification. If, following the re-inspection, the property is determined to be in compliance with the standards, a property transfer certificate shall be issued to the applicant. If additional follow-up inspections are required due to the fact that the applicant did not comply with the violation report, the applicant shall be charged an additional fee in accordance with the Township Fee Schedule, as amended from time to time by resolution.
C.
Documentation. The seller and buyer's signatures are required to acknowledge to have read and understood the inspection report and to make corrections to any deficiencies as listed on the inspection report.
D.
Exceptions. The Code Enforcement Officer may not require changes which are technically infeasible due to the age or construction of an existing building.
The validity of the property transfer certificate is contingent upon compliance with all applicable Township ordinances and it is revocable upon violations of those ordinances. The property transfer certificate does not warrant or guarantee on the part of the Township or any officer, agent or employee of the Township, the soundness, fitness, safety or adequacy of the facilities inspected. The property transfer certificate shall not be deemed to give rise to any liability on the part of the Township or any officer, agent, employee, or designee thereof. All such liability, and any remedy therefore, shall remain that of the seller or transferor of any structure covered hereby.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Whenever the Code Enforcement Officer believes, or has cause to believe, that there is a violation of the provisions of this article or any rules, regulations or codes (including but not limited to the Uniform Construction Codes and International Property Maintenance Code) adopted by the Township and related hereto, the Code Enforcement Officer shall give notice of the violation to the person responsible therefore, and such notice shall:
(1)
Be in writing and shall clearly state the nature or condition of the violation.
(2)
State the name of the person who the Code Enforcement Officer deems responsible therefor, together with the name of the owner of the premises involved.
(3)
State the date of the notice and the number of days allowed for compliance with said notice.
(4)
Be served upon the owner of the premises involved and all other persons, if any, named in the notice personally or by certified or registered mail, return receipt requested, postage prepaid, sent to the last known address of such owner and such other person or persons.
(5)
The notice may, in addition, contain any other pertinent data, information or statements which the Code Enforcement Officer deems appropriate.
B.
Any person affected by a notice of violation, determination or order issued by the Code Enforcement Officer or pursuant to this article may appeal said notice, determination or order to the Board of Supervisors. Any such appeal must be filed in writing with the Secretary of the Township of Spring within 10 days after the receipt of such notice, determination or order. At the time of filing such appeal, the appellant shall pay to the Secretary of the Township of Spring a fee, the amount of which shall from time to time be established by Resolution of the Board of Supervisors, to cover the costs of such appeal. The Board of Supervisors shall hold a public hearing on the appeal within 30 days after the date the appeal is filed. Notice of the hearing shall be given not less than 15 days prior to the date of the hearing to the appellant, to the Code Enforcement Officer and to any other person who may request such notice. At the hearing, the Board of Supervisors shall review the notice, determination or order of the Code Enforcement Officer or the rule or regulation which is the subject of the appeal, take such testimony, hear such witnesses and, by a vote of the majority of its members, shall reverse or affirm, wholly or partly, or modify the determination appealed from and shall make such order or decision as in its opinion should be made. Within 20 days after said hearing, the Board of Supervisors shall advise the appellant, in writing, of its decision, and a copy of said decision shall be filed with the Secretary of the Township of Spring. Decisions of the Board of Supervisors may be further appealed to the Court of Common Pleas of Berks County, Pennsylvania by the appellant within 30 days after date of mailing of the decision of the Board of Supervisors, or as otherwise provided by law.
C.
Whenever the Code Enforcement Officer determines that an emergency condition exists which requires immediate action to protect public health and/or safety, the Code Enforcement Officer may issue an order declaring the existence of such emergency and requiring action to be taken to remedy such emergency. Such emergency order shall be effective immediately upon issuance. Any person to whom such order is directed shall comply therewith immediately.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person who violates or fails to comply with the provisions of this article or any order, notice, rule or regulation made in connection herewith shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B.
Each instance of non-compliance with this article shall constitute a separate violation, and each day such violation persists shall constitute a separate violation.
C.
The Township shall be entitled to any and all remedies as may be otherwise available at law or equity.
This article shall not apply to any valid agreements of sale entered into and dated prior to the effective date of this article.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.