[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Providence 5-24-1990 by Ord. No. 350. Amendments noted where applicable.]
Except as otherwise provided in this chapter, whenever there is a proposed
change of ownership of any residential building or part thereof, such change
of ownership shall not be made unless a certificate of compliance has been
issued by the Lower Providence Township Code Enforcement Officer, dated not
earlier than three months prior to the change of ownership. The term "residential
building," as used in this chapter, shall include single-family homes, duplexes,
apartments, cooperative apartments and condominiums. In order not to delay
or impede a pending change of ownership, the Code Enforcement Officer may
issue a temporary certificate of compliance if the code and/or ordinance violations
existing at the time of the change of ownership are not an immediate and imminent
threat to the health or safety of the owners, the tenants or the occupants
of the property in question. In the event that a temporary certificate is
issued, the former owner (seller) and the new owner (buyer) shall agree, in
writing, to be jointly and severally liable and responsible for correcting
all code and/or ordinance violations set forth by the Code Enforcement Officer
within such time as shall be established by the Code Enforcement Officer.
Buyer and seller shall also agree to escrow, at settlement, an amount of money
as agreed to by the Code Enforcement Officer as financial security for the
correction of said noncomplying conditions.
A certificate of compliance shall be issued by the Code Enforcement
Officer after an inspection of the premises discloses that the premises are
in compliance with the Code of Lower Providence Township and all applicable
ordinances. Compliance with the provisions of said ordinances shall be met
if the provisions of the respective ordinances in effect at the time of the
inspection are met or if the provisions of the ordinances in effect at the
time the original permit was issued for a particular construction or installation
were met. Where there is compliance with the ordinance in effect at the time
a permit was issued but there is no compliance with the current ordinance
and a hazardous condition endangering health or safety presently exists, the
Code Enforcement Officer shall issue a noncompliance notice setting forth
the hazardous condition.
If an inspection by the Code Enforcement Officer discloses noncompliance
with the Code of Lower Providence Township or with any of the applicable ordinances,
said officer shall issue a noncompliance notice setting forth the areas of
noncompliance and stating that the premises shall be brought into compliance
within 30 days or a reasonable time thereafter. When a subsequent inspection
discloses compliance, a certificate of compliance shall be issued. If there
is continual noncompliance after the time limit established, no new occupancies
will be permitted.
A certificate of compliance indicates that so far as can be reasonably
determined by a visual inspection of the premises and a review of township
records and ordinances, the premises meet the requirements of the Code of
Lower Providence Township and all applicable ordinances. Neither the township
nor the Code Enforcement Officer assumes any liability in the inspection or
the issuance of a certificate of compliance and by the issuance of a certificate
of compliance does not guarantee or warrant the condition of the premises
inspected.
[Amended 6-16-2005 by Ord. No. 526]
The required fee shall be paid to the Township for inspection of the
premises prior to the issuance of a certificate of compliance; which fee shall
be paid at the time of applying for such inspection.
The Lower Providence Township Code Enforcement Officer shall provide
the forms for:
Any owner or occupant or proposed new occupant aggrieved by the issuance
of a noncompliance notice based upon any issue other than zoning noncompliance
may appeal to the Board of Supervisors by following the procedure established
under the statutes of this commonwealth and the rules and regulations of the
Board. In the event that the noncompliance certification is based on a Zoning
Ordinance noncompliance, the aggrieved party may appeal the decision to the
Lower Providence Township Zoning Hearing Board.
Any person, firm or corporation violating any provision of this chapter
shall be fined not less than $50 nor more than $300 for each offense, and
a separate offense shall be deemed committed on each day during or on which
a violation occurs or continues.
