[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 8-14-2024 by Ord. No. 362-2024. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
OCCUPANCY CERTIFICATE
A certificate issued by the Township stipulating that the property meets all applicable laws, ordinances and regulations of the Township of East Whiteland, including the Property Maintenance Code,[1] 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 a Township inspection of a property and disclosed to the record owner or prospective purchaser of the property through issuance of a Township report.
TEMPORARY ACCESS CERTIFICATE
A certificate issued by the Township as a result of the Township inspection of a property incident to the resale or rental of a property that identifies at least one substantial violation, and the purpose of the certificate is to authorize the purchaser or owner to access the property for the purpose of correcting substantial violations pursuant to all applicable laws, ordinances, and regulations of the Township of East Whiteland 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 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.
TEMPORARY OCCUPANCY CERTIFICATE
A certificate issued by the Township as a result of the Township inspection of a property incident to the resale or rental of the property that reveals a violation but no substantial violation, and the purpose of the certificate is to authorize the purchaser or tenant to fully utilize or reside in the property while correcting violations pursuant to all applicable laws, ordinances, and regulations of the Township and the Commonwealth of Pennsylvania, including the Property Maintenance Code.
UNFIT FOR HUMAN HABITATION
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.
VIOLATION
A violation of a properly adopted zoning, 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 Township inspection of a property and disclosed to the record owner or prospective purchaser of the property through issuance of a Township report.
[1]
Editor's Note: See Ch. 141, Property Maintenance.
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 unit, or commercial or industrial building within the Township of East Whiteland 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, or commercial or industrial building within the Township of East Whiteland when an occupancy certificate or temporary occupancy certificate is required by this chapter, without first obtaining such a certificate.
It shall be unlawful for any person, firm or corporation to sell or lease any residential dwelling unit, or commercial or industrial building within the Township of East Whiteland without first obtaining an occupancy certificate, temporary occupancy certificate, or temporary access certificate, regardless of whether 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 other subsidiary thereof, which incurred losses on a loan or other obligation in default secured by a mortgage, deed of trust or other lien on the property.
A. 
Applications for occupancy certificates shall be made to the Township of East Whiteland on forms provided for that purpose.
B. 
The Township 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.
Upon receipt of a properly completed application for an occupancy certificate and payment of the required fee, the Township 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 Township of East Whiteland and the Commonwealth of Pennsylvania, including the Property Maintenance Code.
If, upon inspection, the Township shall determine that the residential dwelling unit, or commercial or industrial building is in compliance with all applicable laws, ordinances, and regulations, then the Township shall issue an occupancy certificate to the applicant within five business days.
A. 
If, upon inspection, the Township shall determine that the residential dwelling unit or commercial or industrial building is not in compliance with all applicable laws, ordinances, and regulations, then the Township shall refuse to issue an occupancy certificate and shall promptly notify the applicant, in writing, of the refusal and the specific reasons therefor with citations of the specific sections and subsections of the laws, ordinances, and regulations being violated. Upon notification by the applicant that the residential dwelling unit, or commercial or industrial building has been brought into compliance, the Township shall conduct a reinspection and upon a determination that the unit or building is in compliance, shall issue an occupancy certificate to the applicant.
B. 
If the Township inspection of a property incident to the resale or lease of the property reveals a violation but not a substantial violation, the Township shall refuse to issue an occupancy certificate and instead issue a temporary occupancy certificate and shall promptly notify the applicant, in writing, of the refusal and the specific reasons therefor with citations of the specific sections and subsections of the laws, ordinances, and regulations being violated.
C. 
If the Township inspection of a property incident to the resale or lease of the property reveals at least one substantial violation, the Township shall issue a temporary access certificate and shall promptly notify the applicant, in writing, of the refusal and the specific sections and subsections of the law, ordinances, and regulations being violated.
A. 
Any purchaser or owner of property with a known violation of any applicable laws, ordinances, and regulations must either bring the property into compliance or demolish the building or structure in accordance with the law within six months of the date of purchase. At the request of the property owner, the Township may, at its discretion, negotiate a longer period of time for maintenance and repair of the structure under a temporary occupancy certificate.
B. 
At the expiration of the six-month period, or before that time if requested by the property owner, the Township shall reinspect the property for the purpose of determining compliance with the cited violations. If a temporary access certificate has been issued and reinspection indicates that the noted substantial violations have been corrected but other cited violations remain, the Township shall issue a temporary occupancy certificate to be valid for the time remaining on the original temporary access certificate. If reinspection indicates that all noted violations have been corrected, the Township shall issue an occupancy certificate for the property within five business days.
A. 
Failure to comply with § 140-9A of this chapter shall result in:
(1) 
Revocation of the temporary occupancy certificate or temporary access certificate;
(2) 
The purchaser or owner being subject to any existing laws, ordinances, and regulations relating to the occupation of a property without an occupancy certificate;
(3) 
The purchaser or owner being personally liable for the costs of maintenance, repairs or demolition sufficient to correct the cited violations, and a fine of not less than $1,000 and not more than $10,000. This section shall not apply to a violation of a Township code or ordinance for which a fine, other penalty or judgment to abate or correct was imposed by a Magisterial District Judge or Municipal Court, or a judgment at law or in equity was imposed by a Court of Common Pleas prior to purchase, or where the Township denies the certificate pursuant to 53 Pa.C.S.A. Chapter 61 (relating to neighborhood blight reclamation and revitalization).
B. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.