(A) Borough Council may, at its discretion, inspect any sign within the borough as part of a periodic inspection or at the request of any person.
(B) (1) Borough Council shall be notified of any transfer of title in property, change in use at any property upon which a sign has been erected, change in ownership of any business or refinancing of a mortgage or business loan within the borough.
(2) Upon receipt of such notice, Borough Council shall cause the property and any existing signs to be inspected and either issue a written certification of compliance with the terms of this subchapter or issue a notice to construct, repair, or reconstruct any signs so that they shall be in accordance with this subchapter. Such notice to Borough Council of transfer of title, change in use, business interest, or refinancing of any mortgage shall be given as follows.
(1) At least ten days prior to the transfer of title in property, change in use at any property, change in ownership of any business, or refinancing of a mortgage/loan on any property or business, the Borough Council shall receive notice of the proposed transfer of title in property, change in use at any property, change in ownership of any business, or refinancing of a mortgage/loan on any property or business.
(2) (a) Both the transferor and the transferee or the business owner and prospective business owner or the owner and the lending institution shall be responsible for notifying the Borough Council of the proposed transfer of title in property, change in use at any property, change in ownership of any business, or refinancing of a mortgage/loan on any property or on any business.
(b) Notice given by the transferor, the transferee, the business owner, the prospective business owner, the lending institution, or by the authorized agent of any of these shall satisfy the requirements of this section.
(3) In the event that property or business is owned by two or more persons as joint tenants/business owners with a right of survivorship, the death of a joint tenant/business owner shall trigger the notice requirement. The surviving tenant, tenants, business owner, or business owners shall notify the borough within 30 days of the death of the joint tenant/business owner.
(4) In the event that property is subject to a life estate, the death of the life tenant shall trigger the notice requirement. The owner or owners of the remainder interest shall notify the borough within 30 days after the death of the life tenant.
(5) In the event that the sole owner of the property or business shall die, such death shall trigger the notice requirement. The executor, administrator, or other personal representative of the estate or the intestate or testamentary heirs shall notify the borough within 30 days after the death of the owner of the property or business.
(6) In the event that the property or business is owned by a trust, the trustee and beneficiaries shall notify the borough within 30 days after the death or other termination or transfer of the interest of a beneficiary who has possession of the property or business or who is the recipient of at least 50% of the income from the trust.
(7) In the event that the owner of a property or business is a corporation, the directors, officers, and shareholders of the corporation shall notify the borough within 30 days after the transfer of ownership of stock in the corporation which, when added with any other transfers of stock within a 12-month period, constitutes a transfer of 50% or more of the issued and outstanding shares of the corporation.
(8) In the event that the owner of a property or sign is a partnership, whether general or limited, the partners shall notify the borough within 30 days after any change of partnership interest, which when added with any other change of partnership interest within a 12-month period, constitutes a transfer of 50% or more of the ownership of the partnership.
(C) Upon application for a building permit for any property within the borough, Borough Council shall inspect the property and any existing signs and either issue a written certification of compliance with the terms of this subchapter or notice to repair or reconstruct in accordance with this subchapter.
(Ord. 04-2004, passed 12-6-2004)