103.5. Fees and inspections/reinspections. The
Board of Commissioners shall, by resolution, adopt a schedule of fees
which shall be kept on file by the Township Secretary and shall be
reviewed and revised as necessary by the Board of Commissioners.
|
106.4. Violation penalties. Any person who shall
violate any of the provisions of this chapter or fail to comply with
any order issued pursuant to any section thereof shall be guilty of
a summary offense and, upon conviction thereof, shall be punished
by a fine of not less than $100 per day nor more than $1,000 per day,
plus costs and attorneys' fees, and, upon default of the payment of
the fine and costs, imprisonment not exceeding 30 days. Each day that
a violation continues after due notice has been served shall be deemed
a separate offense.
|
111. Means of Appeal. Appeals from the decisions,
actions, orders or other requirements of the Township Code Enforcement
Officer shall be taken to the Western Chester County Board of Building
Appeals.
|
112.4. Failure to comply. Any person who shall
continue any work after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be in violation of this ordinance
and subject to the violations and penalties set forth in Section 106.
|
CHAPTER 9
| ||
RENTAL PERMITS
| ||
901. Rental permits. An owner of a dwelling unit,
housekeeping unit, rooming unit or rooming house in the Township must
hold a valid rental permit issued by the Township Code Enforcement
Officer prior to leasing or renting such dwelling unit, housekeeping
unit, rooming unit or rooming house.
| ||
902. Application for rental permit; form and content. An application for a rental permit shall be made in writing, signed
and sworn to by the owner(s) of record, on forms furnished by the
Township with the applicable fee. Such form shall include at least
the following information:
| ||
1.
|
The names and addresses of all of the owners of the dwelling
unit, housekeeping unit, rooming unit or rooming house;
| |
2.
|
The name, address and telephone number of the person authorized
to collect rents or fees from the dwelling unit, housekeeping unit,
rooming unit or rooming house;
| |
3.
|
The name, local address and telephone numbers, business and
home, of a local agent who is authorized to act on behalf of the owner,
if any;
| |
4.
|
The address of the dwelling unit, housekeeping unit, rooming
unit or rooming house;
| |
5.
|
The type of dwelling unit, housekeeping unit, rooming unit or
rooming house;
| |
6.
|
The number of dwelling units or rooming units in the building
for which a permit is sought; and
| |
7.
|
The names of the tenants/occupants of the dwelling unit, housekeeping
unit, rooming unit or rooming house.
| |
903. Permit fees. Every person applying for a rental
permit shall supply such information as the Township Code Enforcement
Officer requires and shall pay a yearly fee in accordance with the
fee schedule approved and adopted by the Board of Commissioners by
resolution, which schedule shall be available for public inspection
at the Township.
| ||
904. Issuance of rental permit. Upon receipt of
a completed rental application and applicable permit fee and payment
of all delinquent sewer and trash bills and taxes owed to the Township,
the Township Code Enforcement Officer will issue a rental license
to the property owner or responsible local agent. All rental properties
within the Township are subject to inspections as specified in Sections
910 and 911 of this chapter.
| ||
905. Term of permit. Unless previously revoked
or suspended, a rental permit shall remain in force for the remainder
of the then-current calendar year. At or prior to the end of said
calendar year, application shall be made for renewal of all such permits
for the next succeeding calendar year. Yearly fees must be submitted
to the Township by January 31 of each year.
| ||
906. Time for registration; renewal; transfer of ownership.
| ||
906.1. The registration and permitting of all rental
dwelling units, housekeeping units, rooming units and/or rooming houses
shall occur within 90 days after the enactment of this chapter and,
thereafter, by January 31 of each year.
| ||
906.2.In the event of a transfer of ownership of
a dwelling unit, housekeeping unit, rooming unit or rooming house,
the new owner shall notify the Township Code Enforcement Officer of
the transfer at least 14 days prior to date of the transfer of ownership.
The new owner shall provide the Township with all information that
is requested on the permit application pursuant to Section 902 of
this chapter.
| ||
907. Occupation of premises without registration and permit
prohibited. It shall be unlawful for the owner(s) of any dwelling
unit, housekeeping unit, rooming unit or rooming house, other than
an owner-occupied single-family dwelling, or any agent acting for
such an owner, to allow occupancy for any dwelling unit, housekeeping
unit, rooming unit or rooming house by another or to represent to
the general public that such premises or any part thereof is for rent,
lease or occupancy unless such dwelling unit, housekeeping unit, rooming
unit or rooming house is currently registered and permitted and said
registration and permit have not been revoked, suspended or invalidated.
| ||
908. Official notices served on local agent. All
official notices of the Township relating to the dwelling unit, housekeeping
unit, rooming unit or rooming house shall comply with Section 107
of this Code and be served on the owner of record or his or her designated
local agent and shall be posted in a conspicuous place either within
the dwelling unit, housekeeping unit, rooming unit or rooming house
or the common area shared by all occupants of the premises.
| ||
909. Suspension of registration; violations. Whenever
the Township Code Enforcement Officer determines that there has been
a violation of this chapter or has reasonable grounds to believe that
a violation of this chapter has occurred, the Township Code Enforcement
Officer may suspend a rental permit in accordance with the procedures
set forth in Section 107, Notices and Orders. The suspension shall
be in addition to and not in lieu of the remedies set forth in Section
106, Violations.
| ||
910. Inspection and access to rental dwelling units. The Township Code Enforcement Officer is hereby authorized and directed to make inspections of the condition of any dwelling unit, housekeeping unit, rooming unit or rooming house located in the Township that is subject to the provisions of this Chapter 9. All non-owner-occupied units shall be inspected prior to initial occupancy, subsequent occupancy(ies) or once during a period not to exceed three years. Upon display of proper identification, the Township Code Enforcement Officer is authorized to enter, examine and survey such units and premises on weekdays during normal business hours or at such other time as may be necessary in an emergency or as mutually agreed upon by the owner and occupant and the Township Code Enforcement Officer.
| ||
911. Changes in occupancy to be reported. Prior
to each initial occupancy and each change in occupancy of any dwelling
unit, housekeeping unit, rooming unit or rooming house, the owner,
operator, or designated agent of either shall be jointly and severally
liable to have the premises inspected by the Township Code Enforcement
Officer. The owner, operator or designated agent shall file with such
Township notice of such change on a form to be supplied by the Township,
which form shall be signed by the owner, operator, or designated agent
as aforesaid and shall contain all of the following information:
| ||
1.
|
The name of the owner and phone number.
| |
2.
|
The name of the owner's designated agent, if any, and phone
number.
| |
3.
|
The location of the dwelling unit, housekeeping unit, rooming
unit or rooming house.
| |
4.
|
The effective date of the change in occupancy.
|
CHAPTER 10
| |||
USE AND OCCUPANCY CERTIFICATE UPON TRANSFER OF PROPERTY
| |||
1001. Intent and definitions. It is the intent
of this chapter to comply with the provisions of the Municipal Code
and Ordinance Compliance Act, 68 P.S. §§ 1081 —
1083, including definitions set forth therein (the "Act"). In compliance
with the Act, the following words and phrases shall have the meanings
given to them in this chapter unless the context clearly indicates
otherwise:
| |||
DATE OF PURCHASE. The closing date on which title and right
to possess the property transfers to the purchaser and in cases where
the property is sold pursuant to the act of May 16, 1923 (P.L. 207,
No. 153), referred to as the "Municipal Claim and Tax Lien Law," the
first day following the right of redemption period authorized under
the Municipal Claim and Tax Lien Law.
| |||
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 municipal inspection of a property and disclosed to the record owner
or prospective purchaser of the property through issuance of a municipal
report.
| |||
TEMPORARY ACCESS CERTIFICATE. A certificate issued by the Township
as a result of the municipal inspection of a property incident to
the resale of the property that identifies at least one substantial
violation, and the purpose of the certificate is to authorize the
purchaser to access the property for the purpose of correcting substantial
violations.
| |||
TEMPORARY USE AND OCCUPANCY CERTIFICATE. A certificate issued
by the Township as a result of the municipal inspection of a property
incident to the resale of the property that reveals a violation but
no substantial violation, and the purpose of the certificate is to
authorize the purchaser to fully utilize or reside in the property
while correcting violations.
| |||
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.
| |||
USE AND OCCUPANCY CERTIFICATE. A certificate issued by the Township
stipulating that the property meets all ordinances and codes and may
be used or occupied as intended.
| |||
VIOLATION. A violation of a properly adopted 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 municipal inspection
of a property and disclosed to the record owner or prospective purchaser
of the property through issuance of a municipal report.
| |||
1002. Certificate of use and occupancy required upon transfer
or sale of property and change in tenants for commercial properties. Whenever there is a change in ownership, or transfer of title to
an existing building or structure which would have required an occupancy
permit for its use or initial occupancy, or when the tenant changes
in a nonresidential property, or upon written request from the owner
of an existing building or structure, the Township Code Enforcement
Officer shall issue a certificate of use and occupancy in the manner
as set forth in this chapter. It shall be the responsibility of the
owner or owner's agent to request this inspection.
| |||
1003. Inspection fee. The inspection fee for the
issuance of a use and occupancy certificate required under Section
1002 above shall be established by resolution of the Board of Commissioners,
as may be amended from time to time. The inspection fee shall cover
the initial inspection and one follow-up inspection. Each subsequent
follow-up reinspection will be charged at a rate to be determined
by resolution of the Board of Commissioners. The initial fee must
be paid at the Township Building at the time of application and any
subsequent reinspections that are required must be paid at the Township
Building prior to reinspection appointment. Applications for a use
and occupancy inspection shall be requested and occur at least 14
days prior to the scheduled transfer or settlement of said property.
| |||
1004. Inspection of residential properties. Inspection
of residential properties shall include the following items in addition
to those outlined in the Township's Property Maintenance Code:
| |||
1.
|
Sanitary sewer system inflow.
| ||
(a)
|
Sump pumps, floor drains and roof downspout drains are not to
be connected to the public sanitary sewer nor any on-lot wastewater
system.
| ||
(b)
|
(Public sewer only) Exterior vent/trap and cleanout for the
sewer lateral must be properly capped. The vent must be a minimum
of six inches above the ground.
| ||
2.
|
Public water supply must have a pressure-reducing valve on the
service line, and the curb box must be intact if applicable.
| ||
3.
|
Handrails and guardrails.
| ||
(a)
|
Handrails (exterior and interior) are to be on one side of the
stairs with four or more risers, securely attached, and in good condition.
If a handrail is to be replaced or installed, it must comply with
current codes.
| ||
(b)
|
Guardrails (exterior and interior) to be on both sides of open
stairs or surfaces exceeding 30 inches above floor/grade, securely
attached, and in good condition. If a guardrail is to be replaced
or installed, it must comply with current codes.
| ||
4.
|
Fuel-burning heating systems. Verification within the last 365
days the oil or gas heating system has been serviced by a qualified
service contractor. In lieu of such verification, a copy of the fuel-burning
system section of a home inspector's report completed within the last
60 days which confirms that the fuel-burning heating system is in
proper working order will suffice.
| ||
5.
|
The face end of the mailbox must be located behind the curb
or edge of road.
| ||
6.
|
An operable smoke detector shall be installed in each room used
for sleeping purposes. In addition, one operable smoke detector shall
be placed in the hallway adjacent to the sleeping areas and on each
level of the property, including the basement.
| ||
7.
|
All dwellings shall have approved address numbers placed in
a position to be plainly legible and visible from the street or road
fronting the property. The numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of four inches high with a minimum stroke width
of 0.5 inch.
| ||
8.
|
All blank spaces (if any) in the fuse box are to be properly
filled.
| ||
9.
|
All windows and doors shall operate as designed from inside
each room without the use of keys or tools. (Ex. All windows when
raised must remain in raised position.)
| ||
10.
|
All hot-water heaters must have a blowoff pipe attached to the
emergency relief valve. Said pipe must be extended to just above floor
level.
| ||
11.
|
Every residential property served by the Township's trash and
recycling collection program shall maintain and use a recycling cart
consistent with the carts which are distributed by the Township for
said purposes. If the cart supplied by the Township has been lost,
damaged or destroyed, a replacement cart must be secured, used and
maintained by the property owner.
| ||
1005. Inspection of nonresidential properties. Inspection
of nonresidential properties shall include all items outlined in the
Township's Property Maintenance Code in addition to items inspected
for residential properties, with the following additions:
| |||
1.
|
Means of safe egress.
| ||
(a)
|
A safe, continuous and unobstructed means of egress shall be
provided from the interior of the structure to the public way. All
doors shall open easily outward.
| ||
(b)
|
Capacity of the exits shall be sufficient to serve the occupant
load.
| ||
(c)
|
All means of egress shall be indicated with approved, maintained
visible and/or illuminated exit signs where required.
| ||
(d)
|
A sign shall be provided at each floor landing on interior stairways
more than three stories above grade.
| ||
(e)
|
Dead-end travel distances shall not exceed 70 feet where the
building is equipped with an automatic sprinkler system and not more
than 35 feet for those buildings which are not so equipped.
| ||
2.
|
Fire-resistant structures.
| ||
(a)
|
Floors, walls, ceilings and other elements and components are
in good condition and have the required fire-resistance ratings.
| ||
(b)
|
Fire doors and smoke barriers are in proper working order and
shall not be held open by doorstops, wedges or other unapproved hold-open
devices.
| ||
3.
|
Fire-protection systems.
| ||
(a)
|
The proper devices and equipment to detect a fire, actuate an
alarm or suppress or control a fire are in proper working order.
| ||
(b)
|
Fire extinguishers are properly located and of the approved
type for the areas of use. The extinguisher shall be visible, provided
with ready access and maintained in an efficient and safe operating
condition in accordance with NFPA 10 and any amendments thereto.
| ||
1006. Issuance of a use and occupancy certificate. If the Township determines through an inspection that a property
meets all ordinances and codes, and may be used or occupied as intended,
the Township shall issue a use and occupancy certificate.
| |||
1007. Issuance of temporary use and occupancy certificate. If the Township determines through an inspection that a property
has at least one violation, the Township shall issue a temporary use
and occupancy certificate. The Township shall reinspect the property
for the purposes of determining compliance with the Township Code;
provided, however, the property owner may request an early inspection
and the Township may conduct said reinspection consistent with the
business of the Township. In the event that the violation is corrected
within 12 months, the Township shall issue a use and occupancy certificate.
In the event that the violations are not corrected within 12 months,
the Township shall revoke the temporary use and occupancy certificate
and may seek fines and penalties pursuant to the applicable section
of the Property Maintenance Code or other relevant laws.
| |||
1008. Issuance of temporary access certificate. If the Township determines through an inspection that a property
has at least one substantial violation, the Township shall issue a
temporary access certificate solely for the purpose of correcting
the substantial violation. No person shall occupy a property during
the term of the temporary access certificate. The Township shall reinspect
the property for the purposes of determining compliance with the Township
Code; provided, however, the property owner may request an early inspection
and the Township may conduct said reinspection consistent with the
business of the Township. In the event that the substantial violation
is not corrected within 12 months, the Township shall revoke the temporary
access certificate and may seek fines and penalties pursuant to the
applicable section of the Property Maintenance Code or other relevant
laws. In the event that the substantial violation is corrected within
12 months, the Township shall issue a use and occupancy certificate.
|
CHAPTER 11
| ||
REGISTRATION OF VACANT BUILDINGS
| ||
1101. Purpose. The purpose of this chapter requiring
the registration of all vacant buildings, including dwellings, and
the payment of registration fees is to assist the Township in protecting
the public health, safety and welfare, to monitor the number of vacant
buildings in the Township, to assess the effects of the condition
of those buildings on nearby properties and the areas in which they
are located, particularly in light of fire safety hazards and unlawful,
temporary occupancy by unauthorized individuals, and to promote substantial
efforts to rehabilitate such vacant buildings. The provisions of this
chapter are applicable to the owners of such vacant buildings as set
forth herein and are in addition to and not in lieu of any and all
other local, state and federal regulations, including the Caln Township
Code.
| ||
1102. Definitions.
| ||
1.
|
Definitions. Unless otherwise expressly stated, the following
terms for the purposes of this chapter of the Township Property Maintenance
Code shall have the meanings as set forth herein.
| |
BOARDED. Some or all of the building's doors or windows have
been covered with plywood, wood or metal sheeting, paneling or other
similar materials, for the purpose of preventing entry into the building
or damage by persons, animals or the elements of weather.
| ||
OCCUPANCY READY. Any building that is vacant but has been recently
rehabilitated and a certificate of occupancy has been issued by the
Township allowing the building to be lawfully occupied, or, if the
property has not been recently rehabilitated, the property meets all
minimum code requirements and may be immediately occupied. Whether
a building is "occupancy ready" shall be determined by the Codes Department
through an inspection of the building.
| ||
OCCUPIED. Any building or structure shall be deemed to be occupied
if one or more persons actually conducts a lawful business or resides
in all or any part of the building as the licensed business-occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same. For purposes of
this section, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the U.S. Postal Service; proof of continual
telephone, electric, gas, heating, water and sewer services; a valid
business license, or the most recent, federal, state, or county income
tax statements indicating that the subject property is the official
business or residence address of the person or business claiming occupancy;
or proof of pre- occupancy inspection.
| ||
OWNER. Any person, agent, operator, entity having a legal or
equitable interest in the property; or otherwise having control of
the property, including a mortgage holder foreclosing upon the property,
the guardian of the estate, or the executor or administrator of the
estate that holds title to the property.
| ||
UNSECURED. A building or portion of a building which is open
to entry by unauthorized persons without the use of tools or ladders.
| ||
VACANT. A building or structure shall be deemed to be vacant
if no person or persons actually, currently conducts a lawfully licensed
business, or lawfully resides or lives in any part of the building
as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupants,
or tenant(s) on a permanent, nontransient basis.
| ||
Section 1103. Evaluation, applicability and registration.
| ||
1.
|
Initial evaluation. Immediately after the effective date of
this chapter, the Codes Department is authorized to evaluate all buildings
in the Township believed to be unoccupied on the effective date of
this chapter and shall make a determination for each as to whether
the building is vacant within the meaning of this chapter. The determination
shall be in writing and shall state the factual basis for the determination.
The Township Code Enforcement Officer shall, within 10 days of determining
that a building is vacant, send notice of his written determination
to the last owner of record listed on the most recent Chester County
tax roll. Said notice of determination shall be sent to the owner
or designated agent by certified mail, return receipt requested. However,
if the address of the owner or designated agent is unknown and cannot
be ascertained by the Codes Department in the exercise of reasonable
diligence, copies of the notice shall be posted in a conspicuous place
on the property affected and serve as proper notice. Any appeals from
the determination of the Codes Department shall be made as described
in Section 1104 of this chapter. The written notice sent to the owner
or the owner's agent shall describe the conditions that render the
property vacant and shall demand registration within 15 days of the
receipt of such notice. The owner or operator of vacant premises shall
register with the Codes Department no later than 15 days after being
notified by a Township Code Enforcement Officer of the requirement
to register.
| |
2.
|
Applicability. The requirements of this chapter shall be applicable
to any owner of any building that has been vacant for more than 45
consecutive days. Each such owner shall cause to be filed a registration
statement, which shall include the street address and parcel number
of each such vacant building, the names and addresses of all owners,
as hereinafter described, and any other information deemed necessary
by the Township. The registration fee(s) as required by this chapter
shall be billed by the Township and shall be paid by January 1 of
each year.
| |
3.
|
Registration statement and fees. Registration shall be required
for all vacant buildings, whether vacant and secure, vacant and unsecured,
vacant and boarded, or occupancy ready, and shall be required whenever
any building has remained vacant for 45 consecutive days or more.
In no instance shall the registration of a vacant building and the
payment of registration fees be construed to exonerate the owner,
agent or responsible party from responsibility for compliance with
any other building code requirement. The owner of the vacant property
as of November 1 of each calendar year shall be responsible for the
payment of the nonrefundable yearly registration fee, except buildings
deemed "occupancy ready" by the Township and actively for sale or
lease shall be exempt from imposition of the annual registration fee.
However, buildings deemed "occupancy ready" by the Township shall
only be exempt from imposition of the annual registration fee for
no more than one billing cycle. The owner of a vacant building shall
be responsible for the annual payment of a nonrefundable registration
fee in an amount established by resolution of the Board of Commissioners.
| |
1104. Appeal rights. Within 10 days of a determination by the Codes Department that a building is vacant, an owner shall have the right to appeal the requirement to register a building and/or the imposition of the registration fees to the Western Chester County Board of Buildings Appeal consistent with their appeal procedures and processes which can be found in Part I, Chapter 9, of the Township Code. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy.
| ||
1105. Delinquent registration fees as a lien. After
the owner is given notice of the amount of the registration fee due,
except for those owners that have properly perfected an appeal pursuant
to applicable subsections above or are otherwise exempt, and the owner
fails to pay the amount due, said amount shall constitute a debt due
and owing to the Township, and the Township may commence a civil action
to collect such unpaid debt and such unpaid amount shall be a lien
against the subject property.
| ||
1106. Duty to amend registration statement. If
the status of the registration information changes during the course
of any calendar year, it is the responsibility of the owner, responsible
party or agent for the same to contact the Township within 30 days
of the occurrence of such change and advise the Codes Department in
writing of those changes.
| ||
1107. Exceptions. This chapter shall not apply
to any building owned by the United States, the commonwealth, the
county, the Township, nor to any of their respective agencies or political
subdivisions.
|