[Amended 2-23-2010 by Ord. No. 10-01]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CERTIFICATE OF OCCUPANCY
A certificate issued by the Township Building Code Official
upon compliance with the standards in the Township Property Maintenance
Code and the allowable use designation according to the Township
Zoning Ordinance following inspection of property as required by this
section.
CONDITIONAL RESALE CERTIFICATE
A certificate issued pursuant to §
185-45C(3) of this section which requires the abatement of violations of the Township Property Maintenance Code.
[Added 7-26-2011 by Ord. No. 11-07]
INSPECTION REPORT
A notice of violation which is issued to a seller of property upon inspection by the Township Building Code Official as required under §
185-45C. The inspection report shall list any discovered or uncorrected violations of the Township Property Maintenance Code and the allowable use designation according to the Township
Zoning Ordinance. The inspection report shall expire one year from
the date of the original inspection.
PROPERTY
Any structure, building or land or portions thereof.
RESALE CERTIFICATE
A certificate issued by the Township Building Code Official
upon compliance with the standards in the Township Property Maintenance
Code and the allowable use designation according to the Township
Zoning Ordinance following inspection of property as required by this
section.
[Added 7-26-2011 by Ord. No. 11-07]
UNFIT FOR HUMAN HABITATION
A property which is dangerous or detrimental to life or health
because it is dilapidated, unsanitary, unsafe, vermin-infested or
lacking facilities and equipment standards according to the Township
Property Maintenance Code, as designated by the Township Building Code Official.
B. New construction. It shall be unlawful for any person to use and/or occupy any property, or change the use of any property, in any manner, including that of a home occupation pursuant to §
185-25F of this chapter, until a certificate of occupancy has been issued.
(1) The certificate of occupancy shall be issued in accordance with this
section following submission of a building and zoning permit application
in such form as the Zoning Administrator may require.
(2) After a building and zoning permit application ("permit application")
has been made, the Building Code Official ("B.C.O.") shall inspect
any property described in said permit application and shall determine
the conformity with the applicable Township ordinances. If the B.C.O.
is satisfied that the property is in conformity with all applicable
Township ordinances, and that the proposed use is consistent with
this chapter, a certificate of occupancy shall be issued.
(3) A certificate of occupancy shall be granted within five days after
the B.C.O. has received or completed a final inspection report that
indicates the property is in compliance with applicable Township ordinances
and the Uniform Construction Code.
C. Transfer of ownership. It shall be unlawful for any person to sell
or otherwise transfer ownership of any property to another person
unless a resale certificate or conditional resale certificate has
been issued prior to said transfer of ownership and any use or occupancy
of such property; provided, however, that the failure on the part
of such seller or transferor to obtain the resale certificate shall
not excuse the purchaser or transferee of the property from the requirements
of this section.
[Amended 7-26-2011 by Ord. No. 11-07]
(1) The seller of property in Hanover Township is hereby required to
secure an inspection report from the Township prior to the transfer
of ownership. The seller of the property shall have 10 business days
from the date that the property is listed for sale or the seller enters
into an agreement of sale with a purchaser, whichever is sooner, to
submit a resale building and Zoning Compliance application ("compliance
application") in such form as the Zoning Administrator may prescribe
and request an inspection of the B.C.O. and pay the appropriate fees
for the inspection.
(2) After a compliance application has been made, the B.C.O. shall inspect
the property described in said compliance application, and shall determine
the conformity with said compliance application and the existing Township
Property Maintenance Code. If the B.C.O. is satisfied that the property is in conformity
with the existing Property Maintenance Code, and that the proposed
use is consistent with this chapter, a resale certificate shall be
issued by the B.C.O.
(3) A conditional resale certificate shall be issued by the B.C.O. if
the inspection report requires abatement of violations in order to
comply with the Township Property Maintenance Code and the buyer of property agrees to abate the violation as set forth in §
185-45E.
(4) A resale certificate or a conditional resale certificate shall be
granted or refused within 15 days after receipt of the compliance
application.
(5) Exemptions. The provisions of this section shall not apply to property
on which the buildings are intended to be demolished and a valid demolition
permit pursuant to Township Code has been obtained or vacant property.
D. Inspection fees. All inspection fees shall be established by resolution
of the Board of Supervisors. Inspection fees shall be due upon scheduling
an inspection or reinspection.
E. Abatement of violations. In the event that violations of the Township
Property Maintenance Code exist in or upon the property as outlined in the inspection
report, such violations shall be addressed as follows:
[Amended 7-26-2011 by Ord. No. 11-07]
(1) The
seller shall abate the violations prior to the transfer of ownership
and, in such event, the seller shall request a reinspection to determine
that the violations have been fully abated and a resale certificate
(without conditions) can be issued; or
(2) The
buyer shall execute a notarized statement acknowledging the receipt
of the inspection report and that the buyer shall begin to abate the
violations within 60 days of taking possession of the property and
shall fully abate the violations within 18 months of taking possession
of the property.
F. Any certificate of occupancy and/or resale certificate issued hereunder
may be revoked in the event that the property is later determined
to be unsafe or uninhabitable or that a condition exists that is in
violation of any Ordinances of the Township or that the actual use
is in violation of any ordinances of the Township. In the event that
such certificate of occupancy and/or conditional resale certificate
is issued subject to conditions, a certificate of occupancy and/or
conditional resale certificate may be revoked if such conditions remain
unsatisfied within the time limit provided for at the time of issuance
of such certificate and/or conditional certificate. Prior to the revocation
of the certificate of occupancy and/or resale certificate, the property
owner shall be given 10 days' written notice of the intent to revoke
the certificate of occupancy and/or resale certificate. Before the
certificate of occupancy and/or resale certificate is revoked, the
property owner may request a hearing before the Township Board of
Appeals.
[Amended 7-26-2011 by Ord. No. 11-07]
G. Any person who violates or permits a violation of any provision of
this section shall, upon conviction of a summary proceeding brought
before a District Justice, be guilty of a summary offense and shall
be punishable by a fine of not less than $300 nor 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 subsection
of this section that is violated shall constitute a separate offense.