[HISTORY:[1] Adopted by the Borough Council of the Borough of Derry 4-9-2024 by Ord. No. 808. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 294, Occupancy License, adopted 9-12-2005 by Ord. No. 691, as amended, was repealed 7-15-2021 by Ord. No. 794.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Include, but shall not be limited to, any building, house, apartment, duplex, housing development, mobile home, dormitory, fraternity house, sorority house, or similar facility used for commercial, industrial or residential purposes.
DWELLING UNIT
Includes a room or rooms in a building for the use of one family or one or more persons, with or without cooking facilities, and having the availability or use of bathroom facilities.
INDIVIDUAL
Includes an individual, individuals, or groups of individuals, tenants, and students.
NON-OWNER-OCCUPIED BUILDING
Is a building which is not the residence of the owner.
OCCUPANT
Includes the resident as well as any individual who is visiting, patronizing, or in the individual dwelling unit or building.
PERSON
Any person, firm, partnership, corporation, or other entity.
RESIDENT
Includes an individual residing in an individual dwelling unit or building.
A. 
The charge for the occupancy license shall be as follows:
(1) 
For a dwelling unit, a fee of $100.
B. 
Borough Council can modify the occupancy license issuance fee by unanimous vote of the Council with a majority of members present.
A. 
The occupancy license shall list all pertinent information for the building and each dwelling unit within the building. This shall include but not be limited to the name, address, and telephone number of the owner. The permit shall also state the maximum number of individuals who may reside in the individual dwelling unit.
B. 
The occupancy license shall be available and presented upon request of the Borough Code Enforcement. It shall be the responsibility of the building owner to maintain the permit in an legible fashion. In case there are multiple dwelling units within a building, the Borough Code Enforcement shall determine the number of occupancy licenses needed.
C. 
The owner shall be responsible for making certain that the number of persons residing in the dwelling unit is in compliance with the ordinance, providing that it shall be the responsibility of the tenants if there are persons other than the tenants on the lease residing in the dwelling unit.
D. 
In the event that an occupancy license is lost, another occupancy license shall be issued to replace it within five days. The cost for the reissuance of a valid occupancy license shall be $50.
E. 
The occupancy license shall be renewed upon the recording of a deed transferring ownership of owner-occupied buildings or a change in lease/tenant in non-owner-occupied buildings at a fee of $75.
All persons owning building affected by this chapter shall place in every lease for the building or dwelling unit a statement of the number of occupants and the number of residents.
Any person who owns, operates, or manages any building subject to the terms of this chapter who shall violate § 294-2, 294-3, or 294-4 of this chapter or who allows any building or dwelling unit to be utilized by individuals without an occupancy license, or who shall falsify any applicable or statement to obtain an occupancy license, shall upon conviction before the District Justice be subject to a fine of no less than $300 and no more than $1,000 for each offense together with costs. In the event of default in the payment of finds and costs, a person convicted of violating § 294-2, 294-3 or 294-4 of this chapter shall be imprisoned in the Westmoreland County Jail for a period not to exceed 10 days. Borough Council, by resolution, shall have the right to change the penalty provisions of this chapter. Each calendar day shall constitute a separate offense.
A. 
The Borough Code Enforcement shall have the right to inspect any building or dwelling unit for the purpose of making certain that the building or dwelling unit complies with all applicable Borough ordinances, including the BOCA Codes and Ordinances related to sewage and water. The Borough Code Enforcement shall have the right to:
(1) 
To complete an inspection in order to issue an occupancy license;
(2) 
To investigate any report that there is a violation of any Borough ordinance dealing with buildings, housing, property maintenance, plumbing, electric, fire, sewage, water, or other similar regulations or ordinances.
B. 
All inspections shall occur, if possible, prior to occupancy of the building or dwelling unit being inspected. If this cannot be achieved, inspection shall occur upon reasonable notice to the occupants, owners, or property managers. The Borough Code Enforcement must identify himself or herself and present identification at the time of the inspection.
Any individual or person who permits any dwelling unit or building to be occupied by more persons than are provided for on the occupancy license shall be in violation of this chapter.
Any person failing to allow an inspection by the Borough Code Enforcement in accordance with § 294-6 or who violates § 294-7 shall, upon conviction thereof before the District Justice, pay a fine of no less than $300 and no more than $1,000 together with the costs. In the event of default in payment of fines and costs, a person convicted of violating §§ 294-2, 294-3, 294-4, 294-6 or 294-7 of this chapter shall be imprisoned in the Westmoreland County Jail for a period not to exceed 10 days. Borough Council, by resolution, shall have the right to change the penalty provisions of this chapter. Each day shall constitute a separate offense.