[HISTORY: Adopted by the Council of the City
of Coatesville 7-23-2001 by Ord. No. 1169-2001. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 82.
Electrical standards — See Ch. 102.
Fire protection and prevention — See Ch. 115.
Housing standards — See Ch. 136.
Lifesafety standards — See Ch. 151.
Mechanical standards — See Ch. 156.
Nuisances — See Ch. 164.
Plumbing — See Ch. 176.
Property maintenance — See Ch. 180.
The following are definitions under Chapter 87 of the City Code which shall be used in making reasonable interpretations of the provisions of this chapter:
Knowledge of a violation listed on the seller's property
disclosure statement made pursuant to the Act of July 2, 1996 (P.L.
500, No. 84), known as the "Real Estate Seller Disclosure Act," 68
P.S. § 1021 et seq., a violation appearing on a buyer's
notification certificate provided by a municipality or a violation
that is a matter of public record.
The closing date or, 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," 53 P.S. § 7101
et seq., the first day following the right of redemption period authorized
under the Municipal Claim and Tax Lien Law.
Knowledge of a violation based on actual or constructive
knowledge.
The City of Coatesville.
A violation of a building, housing, property, maintenance
or fire code, which violation posed a threat to health, safety or
property, but not a violation of such a code deemed by a court to
be de minimis.
A.
General Rule No. 1: Building structures. The owner
of any building, structure or part of a building or structure known
to have one or more substantial violations of municipal codes relating
to building, housing, property maintenance or fire shall, within 18
months of the date of purchase (or such longer period of time if agreed
to between the owner/purchaser and the City of Coatesville) do the
following:
(1)
Bring the building, structure or that part of a building
or structure into compliance with those codes with respect to which
said building, structure or part of a building or structure was known
to have been noncompliant; or
(2)
Demolish the building or structure in accordance with
the law.
(a)
Considerations
as to demolition of attached buildings.
[Added 4-13-2009 by Ord. No. 1322-2009]
[1]
Before the Department of Codes Enforcement issues a permit for demolition,
drawings shall be submitted by a licensed engineer or architect, indicating
that the demolition will leave a solid and secure base upon which
the surviving building will rest.
[2]
The surviving wall, after demolition, shall be rebuilt to reflect
the same appearance as the front of the remaining building or structure
previously attached to the demolished building or structure.
[3]
Insulation shall be installed so as to guarantee a minimum standard
to assure occupants of the surviving building that there will be the
same level of comfort on a year-round basis, as there was prior to
the demolition of the adjoining building.
[4]
The additional thickness in inches required to construct such a wall
in accordance with the foregoing requirements may be eased over to
the owner of the existing building, as well as all rights of access
to the building wall and the right to use that wall for any reason
that the owner of the surviving building may choose.
[5]
If and when a new building is built on the site of the demolished
building, and if such new structure requires the use of the common
wall, the owner of the site of the demolished building shall have
the right to bring his or her property line back to the same point
that it was prior to the demolition of the previously existing building
or structure and any easement as aforesaid.
[6]
The Department of Codes Enforcement shall notify neighboring tenants
and owners of buildings proposed to be demolished of their rights
under this section, and shall spell out the obligations of the demolition
company involved. Such requirements shall include a list of measures
of protection that such neighboring tenants and owners are entitled
to, should there be current or future damage to the surviving building
resulting from the subject demolition.
[7]
The Department of Codes Enforcement will provide an advocate to work
with property owners involved in order to assist in minimizing the
impact of the demolition and to promote projects which will enhance
appearances for both the City and the property owner.
[8]
Disclosure of environmental conditions. Every owner or agent for
the owner of a property for which a demolition permit application
is filed with the Department of Codes Enforcement, shall provide full
disclosure with such demolition permit application of any pending
environmental assessment, review, remediation, or voluntary compliance
action that has been issued, ordered or approved by the United States
Environmental Protection Agency, or by the Pennsylvania Department
of Environmental Protection (DEP). No demolition permit shall be issued
or approved until such full environmental disclosure has been filed
with the Department of Codes Enforcement to the satisfaction of the
Director of Codes Enforcement. The purpose and intent of this section
is to prevent any property owner, builder, contractor, developer or
other person from obtaining a demolition permit from the City without
fully disclosing and informing the City officials of known environmental
hazards on the site for which an application for a demolition permit
has been made.
[9]
Where a structure has been demolished or removed and a demolition
permit has not been approved, the vacant lot shall be filled, graded
and maintained in conformity to the established elevation of the street
grade at curb level nearest to the point of demolition or excavation.
Provision shall be made to prevent the accumulation of water or damage
to any foundations on the premises or the adjoining property.
[10]
The owner shall make arrangements for the parcel to be identifiable
by an address after demolition.
B.
General Rule No. 2: Lot or parcel of land. The owner
of any lot or parcel of land known to have one or more substantial
violations of municipal nuisance ordinances relating to maintenance,
health or safety is required to make a reasonable attempt to abate
the nuisance within one year of the date of purchase.
C.
General Rule No. 3: Coordination. The City of Coatesville
shall not refuse to issue a use and occupancy certificate or similar
permit on the basis of a substantial violation or require the correction
of a substantial violation as a condition to issuing a use and occupancy
certificate or similar permit in connection with the purchase of a
building, structure, part of a building or structure, lot or parcel
of land subject to the General Rule No. 1 and No. 2 above, unless
the substantial violation renders the property unfit for habitation.
A.
Violation of General Rule No. 1. Failure to comply with the requirements of General Rule No. 1 of this chapter, § 87-2A, shall result in the purchaser being personally liable for the costs of repairs or demolition and a fine of not less than $1,000 and not more than $10,000. Fines shall be remitted to the municipality in which the building, structure or part of a building or structure is located. In municipalities with low-income housing, not less than 1/3 of the fine imposed shall be used by the municipality for low-income housing in a manner determined by the municipality.
B.
Violation of General Rule No. 2. Failure to comply with the requirements of General Rule No. 2 of this Chapter, § 87-2B, shall result in the purchaser being personally liable for the cost of maintenance and a fine of not less than $1,000 and not more than $10,000. Fines shall be remitted to the municipality in which the lot or parcel of land is located.
C.
The penalties identified herein are nonexclusive remedies
available to the City of Coatesville and do not act as a waiver of
other remedies available by statute or common law but are provided
in addition to those other available remedies.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
A.
The provisions of this chapter are severable, and,
if any portion is held by a court of competent jurisdiction to be
in violation of federal or state constitutional statute or statutory
law, that portion is hereby repealed, and the decision of the court
will not affect or impair any of the remaining provisions of this
chapter. It is hereby declared to be the City Council's intention
that this chapter would have been adopted had such unconstitutional
or ultra vires provision not been included.
B.
If any portion of this chapter shall be determined
to be unconstitutional, illegal or unenforceable, then the portion
and only that portion of this chapter, which is deemed to be unconstitutional,
illegal or unenforceable shall be severed from the remainder of this
chapter and all other terms thereof shall remain in full force and
effect. This chapter shall be effective 30 days after publication
following final adoption in accordance with the City Charter and the
Third Class City Code.
