[Amended 4-12-1977 by Ord. No. 320, approved 4-12-1977; 1-3-1978 by Ord. No. 331, approved 1-3-1978; 12-10-1985 by Ord. No. 369, approved 12-10-1985; 5-13-1986 by Ord. No.
374, approved 5-13-1986; 2-14-1989 by Ord. No. 393, approved 2-14-1989; 10-10-1989 by Ord. No.
402, approved 10-10-1989; 4-9-1996 by Ord. No. 96-005,
approved 4-9-1996; 3-13-2001 by Ord. No. 01-3, approved 3-13-2001; 9-10-2002 by Ord. No. 02-09,
approved 9-10-2002; 4-13-2004 by Ord. No. 04-07, approved 4-13-2004; 12-9-2008 by Ord. No. 2008-11, approved 12-9-2008]
Upon transfer of title to a new owner by deed or otherwise,
or upon the execution of a lease agreement, or upon any building or
any unit within such building becoming vacant, no building or unit
within such building, including but not limited to commercial, residential
and industrial buildings, shall thereafter be occupied in whole or
in part until the issuance of a certificate of use and occupancy by
the Code Enforcement Officer or authorized agent. A certificate of
use and occupancy shall not be issued unless the property complies
with all applicable federal, state and local regulations and ordinances.
The responsibility for obtaining said certificate of use and occupancy
shall be that of the owner and/or lessor of the building at the time
that the building is to be occupied. The inspection fee(s) required
for the issuance of a certificate of use and occupancy shall be detailed
in the Borough's authorized fee schedule. The Code Enforcement
Officer or authorized agent shall have the right to proceed with any
legal actions available, including eviction proceedings, for any building
or structure for which a certificate of use and occupancy is not obtained.
A. Applications for certificates of use and occupancy for any building,
structure or dwelling unit shall be accompanied by written proof or
certification that the heating unit for the building, structure or
dwelling unit is in good and safe operating condition from a heating
inspector. If the building, structure, or dwelling unit has a chimney,
then an application for certificate of use and occupancy shall be
accompanied by written proof or certification that the chimney is
in good and safe operating condition.
B. All applications for certificates of use and occupancy for residential
dwellings shall include proof or certification that hard-wired carbon
monoxide detectors are installed within 20 feet of a heating unit.
C. All applications for certificates of use and occupancy for residential
dwellings shall include proof of certification that hard-wired, interconnected
smoke detectors are installed at each level of the structure.
[Added 10-10-2000 by Ord. No. 00-17, approved 10-10-2000; amended 10-12-2010 by Ord. No.
2010-14, approved 10-12-2010]
It shall be the legal duty and responsibility for all owners of real estate to apply for and obtain the required use and occupancy permit prior to a transfer, sale or rental of real estate. In addition, it shall be the duty and responsibility of any realtor, title clerk, lawyer or other person who participates in the transfer of real estate, a real estate settlement or closing or the rental of a building or structure or any change in use or occupancy of any building or structure to ensure that the required use and occupancy permit has been obtained by the owner. Any owner of real estate, realtor, lawyer, title clerk or other person who participates in such activity without having a valid use and occupancy permit first secured from the appropriate Borough official shall be subject to the provisions detailed in Chapter
53A of the Code of the Borough of West Conshohocken.
[Amended 12-9-2008 by Ord. No. 2008-11, approved 12-9-2008]
The Code Enforcement Officer or authorized agent shall have
full and complete authority with respect to both the inspection provisions
and the enforcement provisions set forth in this chapter.