BOROUGH OF BRADDOCK HILLS

ALLEGHENY COUNTY, PENNSYLVANIA

ORDINANCE NO. 1 OF 2007

 

AN ORDINANCE OF THE BOROUGH OF BRADDOCK HILLS, ALLEGHENY COUNTY, PENNSYLVANIA, AMENDING AND REVISING CHAPTER 11, HOUSING, PART 2, OCCUPANCY PERMIT, OF THE BOROUGH OF BRADDOCK HILLS CODE, WITH THE ADDITION OF SECTION 206, WITHHOLDING OF OCCUPANCY PERMIT FOR FALIURE OT PAY CERTAIN TAXES AND FEES.

 

WHEREAS, Council of the Borough of Braddock Hills has encountered numerous situations in which Occupancy Permits have been granted to individuals pursuant to Chapter 11, Housing, Part 2, Occupancy Permit, of the Borough of Braddock Hills Code upon the changing of tenants at leased properties which are subject to delinquent real estate taxes, water, sewer, and garbage fees; and

 

WHEREAS, Council of the Borough of Braddock Hills believes that it is inequitable to issue Occupancy Permits that allow landlords to receive rent for a rental unit while in turn the landlord is not paying legally imposed taxes and charges assessed by the Borough.

 

NOW, THEREFORE, BE IT ORDAINED AND IT IS HEREBY ORDAINED BY COUNCIL OF THE BOROUGH OF BRADDOCK HILLS AS FOLLOWS:

 

1.       Chapter 11, Housing, Part 2, Occupancy Permit, of the Borough of Braddock Hills Code is hereby revised with the inclusion of Section 206, Withholding of Occupancy Permit for Failure to Pay Taxes and Charges as follows:

 

An Occupancy Permit shall be withheld by the Borough upon determination by the Borough Secretary of his/her designee of the existence of delinquent real estate taxes, water and sewer charges, or garbage fees.  Upon payment in full of such taxes, charges and fees, including penalties and interest, the Code Official of the Borough is hereby authorized to issue the Occupancy Permit.

 

2.       All Ordinances and parts of Ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided, however that such repeals shall be only to the extent of such inconsistency, and in all other aspects this Ordinance shall be cumulative of the other Ordinances regulating and governing the subject matter covered by this Ordinance.

 

3.      If any section or provision thereof in this Ordinance shall be adjudged invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Ordinance as a whole or any other section or provision of the part thereof.

 

4.      This Ordinance shall be in full force and effect from and after its passage and publication as required by law.

 

ORDAINED AND ENACTED INTO LAW, this 12^th day of July 2007.