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 use and occupancy certificate." A certificate
issued by a municipality 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 pursuant to the maintenance and repair provisions of
this act.
"Temporary access certificate." A certificate issued by a
municipality 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 pursuant to
the maintenance and repair provisions of this act. No person may
occupy a property during the term of a temporary certificate,
but the owner shall be permitted to store personalty that is
related to the proposed use or occupancy of the property or is
needed to repair the substantial violations during the time of
the temporary access certificate.
"Unfit for human habitation." A condition which renders a
building, 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 one-half
of the agreed-upon purchase price of the property.
"Use and occupancy certificate." A certificate issued by a
municipality 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.
Section 2. The act is amended by adding a section to read:
Section 2.1. Issuance of use and occupancy certificate.
(a) General rule.--A municipality requiring a use and
occupancy certificate shall issue the certificate in the
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