[HISTORY: Adopted by the Borough Council
of the Borough of Steelton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-18-1982 by Ord. No. 82-5, approved 10-18-1982]
This article shall be known and may be cited
as the "Code Enforcement Ordinance of the Borough of Steelton."
A.
Creation of Office of Code Enforcement. There is hereby
created by the Council of the Borough of Steelton an office of the
Borough of Steelton to be known as the "Office of Code Enforcement."
Said Office shall have the responsibility for administrating and enforcing
the provisions of this article and those other codes and/or ordinances
of the Borough, herein referred to as the "applicable codes and ordinances,"
which designate said Office of Code Enforcement as their official
administrative and enforcement authority.
B.
Relief from personal liability. The Code Enforcement
Officer or other official or employees shall not, while acting for
the Borough of Steelton, render himself liable personally because
of any act or omission as required or permitted in the discharge of
his duties and shall be represented by the Solicitor of the Borough
unless such representation occasions a conflict of interest relating
to his duties as Borough Solicitor; and in no case will said officer,
official or employee be liable for costs in any action, suit or proceeding.
C.
Department record. An official record shall be kept
of all business and activities of the Office of Code Enforcement,
and all such records shall be open to the public for inspection at
all appropriate times, except that no individual, owner, operator,
occupant or other person shall be subject to unwarranted invasion
of privacy and except that all evidence or information obtained in
the course of any inspection or investigation shall be considered
privileged information and shall be kept confidential. Such evidence
or information or other investigative materials shall not be disclosed
except as may be necessary in the judgment of the Code Enforcement
Office for the proper and effective administration and enforcement
of the provisions of this article and shall not otherwise be made
public without the consent of the owner, occupant, operator or other
person in charge of the unit, structure or premises inspected. Such
records shall be retained in the official records so long as the building
or structure to which they relate remains in existence unless otherwise
provided by other regulations.
D.
Annual report. At least annually, the Code Enforcement
Office shall submit to the Borough Council a written statement of
operations in the form and content as shall be prescribed by such
authority.
A.
Appointment of Code Enforcement Officer. There shall
be appointed by the Council of the Borough of Steelton a Code Enforcement
Officer, who shall be in charge of the Office of Code Enforcement
of the Borough of Steelton. The Code Enforcement Officer shall supervise
such other employees or assistants as shall be necessary for the administration
and execution of the responsibilities of said Office, as appointed
and approved by the Council of the Borough of Steelton. Said Code
Enforcement Officer and other personnel may consist of employees directly
hired and compensated by the Borough of Steelton.
B.
Fire Chief. In accordance with the Fire Prevention
Code of the Borough of Steelton,[1] the Fire Chief or Chiefs of the Borough have been established
as the authorized representatives of the Office of Code Enforcement
of the Borough of Steelton, having, in conjunction with the Code Enforcement
Officer, all of the duties of enforcement of the Fire Prevention Code
of the Borough provided for in this article. The Fire Chief or Chiefs
shall continue to serve in the capacity until such time as Council
declares otherwise. The Fire Chief shall be subordinate to the Code
Enforcement Officer.
C.
Approved inspection agencies. The Code Enforcement
Officer shall make all the required inspections or may accept reports
of inspections by authoritative and recognized services or individuals,
which satisfy requirements as to qualifications and reliability. All
inspection reports shall be in writing and shall be certified by the
approved authority or responsible officer of the agency or the individual
when expert inspection services are accepted. The Code Enforcement
Officer may engage such expert opinion as may be deemed necessary
to report upon unusual technical issues that may arise subject to
the approval of the appointing authority. When required by the provisions
of the codes or by the approved rules, materials or assemblies shall
be inspected at the point of manufacture or fabrication.
A.
Enforcement of codes. The Code Enforcement Officer
shall enforce and administer all of the provisions of this article
and of those other applicable codes and ordinances which establish
the Office of Code Enforcement as their official administration and
enforcement authority.
B.
Duties. The duties of the Code Enforcement Officer
shall include the receipt of applications; the issuance of permits,
notices, certificates and orders; the making of inspections to determine
conformance with applicable codes and ordinances; the undertaking
of research and investigations; the recommendation of appropriate
administrative rules for review and adoption by the Code Hearing Board;
the keeping of records; the issuance of written annual reports; and
such other activities as may be required.
C.
Credentials. The Code Enforcement Officer or his authorized
representative shall disclose proper credentials of their respective
office for the purpose of inspecting any and all buildings and premises
in the performance of duties under the applicable code and/or ordinances
where requested.
D.
Coordination of enforcement. Whenever, in the opinion
of the Code Enforcement Officer, initiating an inspection under the
applicable codes and/or ordinances, it is deemed necessary or desirable
to have inspections by any other department, the Code Enforcement
Officer shall make reasonable effort to arrange for the coordination
of such inspections so as to minimize the number of visits by Borough
officials and to confer with the other departments for the purpose
of eliminating conflicting orders before any are issued. The assistance
and cooperation of all other municipal officials, including the Police
and Fire Departments, shall be available to the Code Enforcement Officer
to assist in the performance of his duties.
E.
Right of entry. Except in the case of any emergency
or a mutually convenient time agreed to by the Code Enforcement Officer
and the owner, the Code Enforcement Officer or his authorized representative,
in discharging his duties and upon showing proper identification where
requested, is hereby authorized to enter and inspect between the hours
of 8:00 a.m. and 4:30 p.m. any structure or premises in the Borough
of Steelton to enforce the provisions of this article and of those
other applicable codes and ordinances. Every occupant of a structure
or premises shall give the owner or operator thereof, or agent or
employee, access to any part of such structure or its premises at
reasonable times for the purpose of making such inspection, maintenance,
repairs or alterations as are necessary to comply with the provisions
of this Code.
F.
Access/entry refused. If any owner, operator, occupant
or other person in charge fails or refuses to permit entry and free
access to the structure or premises under his control, or to any part
thereof, with respect to any authorized inspection, the Code Enforcement
Officer may, upon showing that probable cause exists for the inspection,
petition for and obtain an ex parte order directing compliance with
the inspection requirements of this article from a court of competent
jurisdiction, including a District Justice.[1] Any person who refuses to comply with such an order issued
pursuant to this section shall be subject to such penalties as may
be authorized by law for violation of a court order.
[1]
Editor's Note: Now Magisterial District Judge.
G.
Rule-making authority. The Borough Code Enforcement
Officer shall have the power as may be necessary in the interest of
public safety, health and general welfare to interpret the intent
of the applicable codes in specific cases where it clearly appears
that, by reason of special conditions, undue hardship would result
from a literal application of any section of the applicable codes.
Where such undue hardship clearly appears, the Borough Code Enforcement
Officer may permit a variance from the literal provisions of the code,
but such variance shall not have the effect of waiving working stresses
or fire protection requirements specifically provided in the code
or violating accepted engineering practice involving public safety,
but will comply with the spirit and intent of the code. All variances
granted shall, however, be reported in writing to the Code Hearing
Board at the end of the month in which they occur.
H.
Preliminary inspections. Before issuing a permit,
the Code Enforcement Officer may examine or cause to be examined all
buildings, structures and sites for which an application has been
filed for a permit to construct, enlarge, alter, repair, remove, demolish
or change the use thereof. This section shall not apply to, or be
interpreted as affecting, any provisions, terms, conditions or requirements
of the Zoning Ordinance or regulations of the Borough.[2]
I.
Required inspections. After issuing a permit, the
Code Enforcement Officer shall conduct such inspections from time
to time during and upon completion of the work for which a permit
has been issued. A record of all such examinations and inspections
and of all violations of this Code shall be maintained by the Code
Enforcement Officer. Upon completion of the building or structure,
and before issuance of the certificate of use and occupancy, a final
inspection shall be made, and all violations of the approved plans
and permits shall be abated. No new building or portion of an existing
building which is enlarged or altered shall be used or occupied, in
whole or in part, until such a certificate of use and occupancy shall
have been issued by the Code Enforcement Officer.
J.
Accounting. The Code Enforcement Officer shall keep
an accurate account of all fees collected; and such collected fees
shall be deposited in the Borough treasury or otherwise disposed of
as required by law.
A.
When permit is required. An application for a permit
shall be filed with the Code Enforcement Officer, and no work shall
be commenced until a permit has been issued by the Code Enforcement
Officer. Permits are required to repair, construct, enlarge, alter
or demolish a building or structure or to change the occupancy of
a building or structure requiring greater strength, exit or sanitary
provisions or to install or alter any plumbing, electrical or mechanical
equipment or systems.
B.
When permits are not required. Permits are not required
for minor repairs not involving structural work to floors, walls,
ceilings and roofs; plumbing repairs which involve only the working
parts of a faucet or valve, clearance or stoppages, or repairing or
replacement of defective faucets or valves; and for minor electrical
repair work such as repairing or replacing fuses, switches, receptacles,
lamps or lighting fixture parts and the connection of portable electrical
appliances to previously approved permanent receptacles.
C.
Forms of application. The application for a permit
shall be submitted in such form as the Code Enforcement Officer may
prescribe and shall be accompanied by the required fee in this article.
D.
By whom application is made. The responsibility for
applying for and obtaining a required permit rests jointly with the
owner or occupant and the person or persons doing the work. The full
names and addresses of the owner, lessee and applicant and of the
responsible officers, if the owner or lessee is a corporate body,
shall be stated in the application.
E.
Description of work. The application shall contain
a general description of the proposed work, its location, the use
and occupancy of all parts of the building or structure and of all
portions of the site or lot not covered by the building or structure
and such additional information as may be required by the Code Enforcement
Officer.
F.
Plans and specifications. The application for the
permit shall be accompanied by not less than one copy of specifications
and of plans drawn to scale, with sufficient clarity and detail dimensions
to show the nature and character of the work to be performed. When
quality of materials is essential for conformity to the codes, specific
information shall be given to establish such quality; and the code
shall not be cited, nor the term "legal" or its equivalent be used,
as a substitute for specific information. The Code Enforcement Officer
may waive the requirement for filing plans when the work involved
is of a minor nature. If in the course of the work it is found necessary
to make any change from the approved plans and specifications on which
a permit has been issued, amended plans and specifications shall be
submitted; and if approved, a supplementary permit shall be issued
to cover the change after the same conditions required to secure the
original permit have been satisfied.
G.
Site plan for new construction. Where new construction
is involved, there shall also be a site plan showing to scale the
size and location of all the new construction and all existing structures
on the site, distances from lot lines, the established street grades
and the proposed finished grades; and it shall be drawn in accordance
with an accurate boundary line survey. Also, the site plan shall show
the location of water service and sewer connections with respect to
any building in which a plumbing system is to be installed. Vent stack
terminations shall be shown with respect to building ventilation openings
which could allow introduction of sewer gases into the building or
any adjacent building.
H.
Engineering details. The Code Enforcement Officer
may require adequate details of structural, mechanical, plumbing and
electrical work to be filed, including computations, stress diagrams
and other essential technical data. All engineering plans and computations
shall bear the signature of the engineer or architect responsible
for the design. Plans for buildings more than two stories in height
shall indicate where penetrations will be made for electrical, mechanical,
plumbing and communications conduits, pipes and systems and the materials
and methods for maintaining the required structural integrity, fire-resistance
rating and firestopping.
I.
Other permits required. At the time of filing an application
for a permit, the applicant shall present to the Code Enforcement
Officer evidence that he has obtained all necessary permits, licenses,
approvals and/or variances as may be required by the laws of the Borough
and the commonwealth. Individuals, agencies, boards and commissions
issuing aforesaid permits, licenses, approvals and/or variances shall
include, but shall not be limited to, the Zoning Officer or Zoning
Hearing Board, the Sewage Enforcement Officer, the Fire Chief, the
State Police Fire Marshal, the Pennsylvania Department of Labor and
Industry and the Pennsylvania Department of Community Affairs.
J.
Action on application. The Code Enforcement Officer
shall examine said application to determine compliance with those
other applicable codes and ordinances of the Borough and shall, within
30 days after filing, either approve or reject said application. If
said application is rejected, the Code Enforcement Officer shall inform
the applicant, in writing, stating the reasons for such rejection.
If the Code Enforcement Officer is satisfied that the proposed work
conforms to the requirements of the applicable codes, the Code Enforcement
Officer shall issue a permit therefor as soon as practicable.
A.
Compliance with codes. The permit shall be a license
to proceed with the work and shall not be construed as authority to
violate, cancel or set aside any of the legally granted variation
as described in the application. All work shall conform to the approved
application and plans for which the permit has been issued and any
approved amendments thereto.
B.
Signature to be attached to permit. The Code Enforcement
Officer's signature shall be attached to every permit; or the Code
Enforcement Officer may authorize a subordinate to affix such signature
thereto.
C.
Payment of fees. A permit to begin work shall not
be issued until the permit fees prescribed in this article have been
paid, nor shall an amendment to a permit necessitating an additional
fee because of the additional work involved be issued until the additional
fee shall have been paid.
D.
Previous approvals. This article or the applicable
codes shall not require changes in the plans, the plumbing, electrical
or mechanical systems or the construction or designated use of a building
for which a lawful permit has been heretofore issued or otherwise
lawfully authorized and the construction of which has been actively
prosecuted within 90 days after the effective date of this article
and is completed with dispatch.
E.
Approvals in part. The Code Enforcement Officer may
issue permits for the construction of foundations or any other part
of a building or structure before the entire plans and specifications
for the whole building or structure have been submitted, provided
that adequate information and detailed statements have been filed
complying with all the pertinent requirements of the codes. The holder
of such permits shall proceed at the holder's own risk with the building
operation and without assurance that permits for the entire structure
will be granted.
F.
Permit expiration dates.
(1)
New construction: one year, provided that an extension
may be requested, in writing, and such extensions may be granted by
the Code Enforcement Officer for good reason.
(2)
Repairs, remodeling, alterations or additions: six
months.
(3)
Demolition: three months only, and if such demolition
work is not completed within that time, any bond posted by the applicant
shall be forfeited.
(4)
Abate violations cited: same as deadline stated in
violation notice.
G.
Revocation of permits. The Code Enforcement Officer
may revoke a permit or approval issued under the provisions of the
codes in case of any false statement or misrepresentation of fact
in the application or on the plans on which the permit or approval
was based.
H.
Posting of permit. A true copy of the building permit
and placard shall be kept on the site of operations open to public
inspection during the entire time of prosecution of the work and until
the completion of the same.
I.
Notice of inspection. At least 24 hours' notice, in
advance, for required inspections indicated on the permits shall be
given to the Code Enforcement Officer.
A.
Required fees. Applicants for permits required by
any of the applicable codes and ordinances of the Borough shall pay,
at the time of application to the Code Enforcement Officer for use
by the Borough, permit fees as designated from time to time by resolution
of the Borough Council of the Borough of Steelton.
B.
Double fees. Any person, firm or corporation who shall
commence any work for which a permit is required by the applicable
codes and ordinances, without first having obtained a permit therefor,
shall, if subsequently permitted to obtain a permit, pay double the
permit fee fixed for such work, provided that this provision shall
not apply to emergency work and first-time offenders.
A.
Notice to responsible owner, operator, occupant or
other person in charge. Whenever the Code Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provisions of this article or of the other applicable
codes and ordinances or whenever the Code Enforcement Officer issues
a stop-work order or has condemned and placards any structure or equipment
or whenever the Code Enforcement Officer orders a dangerous, unsafe
or unfit for human habitation structure to be vacated, repaired and/or
demolished, a notice shall be given to the responsible owner, operator,
occupant or person in charge of the structure or premises in the manner
prescribed below.
B.
Form. Notice to the responsible owner, operator, occupant
or person in charge shall:
(1)
Be in writing, signed by the Code Enforcement Officer
or his authorized representative.
(2)
Include a description of the real estate sufficient
for identification.
(3)
Include a statement of the reasons why the notice
is being issued and the sections of the code and/or ordinances which
have been violated.
(4)
Include a correction order allowing a reasonable time,
not to exceed 120 days for the initiation and correction of the violation
alleged or of the remedial actions required, except where emergency
conditions exist which require immediate corrective action.
(5)
Include a statement indicating that the notice will
become an order if no request and approval for an extension of time
is made to the Code Enforcement Officer or if no petition for an appeal
or hearing is requested before the Code Hearing Board within 10 days
from the receipt of said notice.
C.
Service. The notice shall be served personally on
the responsible owner, occupant, operator or other person in charge
by any person authorized by law to make any service of process as
well as the Code Enforcement Officer and his assistants or shall be
served by certified mail with a return receipt requested; or where
such responsible person in charge cannot be found, service may be
made by posting a notice on or about the structure or premises and
taking a picture of said notice, or by publishing such notice in a
newspaper of general circulation for a period of three consecutive
days, or may be served by any other method for a period of three consecutive
days, or may be served by any other method authorized under the laws
of the Commonwealth of Pennsylvania.
D.
Public
safety official notice and quick ticket citation procedures.
[Added 3-7-2011 by Ord.
No. 2011-2, approved 3-7-2011; amended 5-20-2019 by Ord. No. 2019-4, approved 5-20-2019]
(1)
In addition to other enforcement mechanisms available to the Borough
under this chapter, the Code Enforcement Officer is authorized to
issue public safety official notices for code violations regarding
high or noxious weeds and grass, garbage and rubbish accumulation,
solid waste spillage, outside placement of indoor appliances/furniture,
snow and ice removal from sidewalks, insect or vermin infestation,
and animal waste. Property owners and occupants shall receive only
one ten-day public safety notice of violations of the above-referenced
provision.
(2)
Quick ticket citations may be issued daily for failure to remedy
the cited situation. The fine for the above-referenced violations
shall be payable within 15 calendar days. Failure to pay the citation
within 15 days will result in a summary citation being filed with
and issued through the local Magisterial District Judge office. The
forms of the public safety official notice and the quick ticket citation
shall be established, and may be changed, by resolution of the Borough
Council.
A.
Vacating structures. When in the opinion of the Code
Enforcement Officer an emergency exists on any premises or in any
structure or part thereof or on any defective equipment, which requires
immediate action to protect the public health, safety or welfare or
that of the occupants thereof, or if there is actual and immediate
danger of failure or collapse of a building or structure, the Code
Enforcement Officer may, with notice and service, issue an order reciting
the existence of such an emergency and requiring the vacating of the
premises or such action taken as the Code Enforcement Officer deems
necessary to meet such emergency. Notwithstanding other provisions
of this article, such order shall be effective immediately, and the
premises or equipment involved shall be placarded immediately upon
service of the order.
B.
Temporary safeguards. When in the opinion of the Code
Enforcement Officer there is actual and immediate danger of collapse
or failure of a building or structure or any part thereof which would
endanger life, the Code Enforcement Officer shall cause the necessary
work to be done to render such building or structure or part thereof
temporarily safe, whether or not the legal procedure herein described
has been instituted.
C.
Closing streets. When necessary for the public safety,
the Code Enforcement Officer may temporarily close sidewalks, streets,
buildings and structures and places adjacent to such unsafe structure
and prohibit the same from being used.
A.
General. All buildings or structures that are or hereafter
shall become unsafe, unsanitary, unfit for human occupancy or use
or deficient in adequate exit facilities or which constitute a fire
hazard or are otherwise dangerous to human life or the public welfare
or are found to involve illegal or improper use, occupancy and maintenance
shall be condemned pursuant to the provisions of this article and
may be placarded and vacated. A vacant building or structure unguarded
or open at door or window shall be deemed a fire hazard and unsafe.
B.
Unsafe structure. An unsafe structure is one in which
all or part thereof is found to be dangerous to life, health, property
or the safety of the public or its occupants because it is so damaged,
decayed, dilapidated or structurally unsafe or of such faulty construction
or unstable foundation that it is likely to partially or completely
collapse, or which contains unsafe equipment. All unsafe structures
shall be taken down and removed or made safe and secure as the Code
Enforcement Officer may deem necessary.
C.
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises
or within the structure which is in such disrepair or condition that
it is found to be a hazard to life, health, property or safety of
the public or occupants of the premises or structure. Unsafe equipment
may contribute to the finding that the structure is unsafe or unfit
for human occupancy or use.
D.
Structure unfit for human habitation. A structure
is unfit for human occupancy or use whenever the Code Enforcement
Officer finds that it is unsafe, unlawful or, because of the degree
in which it lacks maintenance or is in disrepair, is unsanitary, vermin-
or rat-infested, contains filth and contamination or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this Code[1] or because its location constitutes a hazard to its occupants
or to the public.
E.
Unlawful structure. An unlawful structure is one found
in whole or in part to be occupied by more persons than permitted
under this Code, or was erected, altered or occupied contrary to law.
F.
Restoration of unsafe structure. A building or structure
condemned by the Code Enforcement Officer may be restored to a safe
condition, provided that change of use or occupancy is not contemplated
nor compelled by reason of such reconstruction or restoration, except
that if the damage or cost of reconstruction or restoration is in
excess of 50% of its replacement value, exclusive of foundations,
such structure shall be made to comply with the Borough's building,
plumbing and electrical codes in all respects with the requirements
for materials and methods of construction or structures.[2]
G.
Closing of vacant structures. If the structure or
part thereof is vacant and unfit for human habitation, human occupancy
or use and is not in danger of structural collapse, the code official
may post a placard of condemnation on the premises and may order the
structure closed up so it will not be an attractive nuisance. The
exterior of the structure must be maintained in compliance with the
Borough's property maintenance code, Section PM-302.0, Exterior structure.[3] The windows and doors are to be boarded up with one-half-inch
exterior grade plywood, finished on one side with the finished side
out. The plywood shall be painted with two coats of exterior paint,
the same color as the exterior of the structure.
A.
Vacating of structure. If the responsible owner, operator,
occupant or person in charge of the structure or premises fails to
comply with an order to repair or alter a structure condemned as unfit
for human habitation, the structure shall be vacated within a reasonable
time, as ordered by the Code Enforcement Officer.
B.
Placarding of structure. Upon issuance of an order
to vacate, the Code Enforcement Officer may placard the structure
or parts thereof or defective equipment, said placard bearing the
words "Unsafe for Human Occupancy or Use" and a statement of the penalties
provided for any occupancy or use or for removing the placard.
C.
Removal of placard. The Code Enforcement Officer shall
remove the condemnation placard whenever the defect or defects upon
which the condemnation and placarding action were based have been
eliminated. Any person who defaces or removes a condemnation placard
without the approval of the Code Enforcement Officer shall be subject
to the penalties provided by this article.
D.
Prohibited use. Any person who shall occupy a placarded
premises or structure or part thereof or shall use placarded equipment
and any owner or any person responsible for the premises who shall
let anyone occupy a placarded premises shall be subject to the penalties
provided by this article.
A.
General. The Code Enforcement Officer shall make periodic
inspection of any structure vacated as unfit for human habitation
or any other vacant structure.
B.
Option by owner. If a structure is so old, deteriorated
or has become so out of repair as to be unsanitary or unfit for human
habitation, but can be made safe by repairs, the Code Enforcement
Officer may issue a notice requiring the owner to make the necessary
repairs to bring the structure into compliance with the Borough's
codes and/or ordinances or to demolish and remove the structure at
the owner's option. Such notice shall require the person thus notified
to immediately disclose to the Code Enforcement Officer his acceptance
or rejection of the terms of the order.
C.
Unreasonable repairs. Whenever an inspection of a
structure reveals that the structure is so old, dilapidated or has
become so out of repair as to be dangerous, unsafe, unsanitary or
otherwise unfit for human habitation, occupancy or use and so that
it would be unreasonable to repair, in that the cost of such repairs
would exceed 100% of the current value of such structure, the structure
shall be declared a public nuisance. The Code Enforcement Officer
shall issue a notice to the responsible owner, ordering that the structure
be removed or demolished without option on the part of the owner to
repair. All the rubbish and refuse shall be removed from the premises
and the cellar/basement shall be filled in with clean fill graded
to adjacent ground level.
D.
Service connection. Before a structure can be demolished
or removed, the owner or agent shall notify all utilities having service
connections within the structure, such as water, electric, gas, sewer
and other connections. A permit to demolish or remove a structure
shall not be issued until a release is obtained from the utilities,
stating that their respective service connections and appurtenant
equipment, such as meters and regulators, have been removed or sealed
and plugged in a safe manner.
E.
Notice to adjoining owners. Only when written notice
has been given by the applicant to the owners of adjoining lots and
to the owners of wired or other facilities, the temporary removal
of which may be necessitated by the proposed work, shall a permit
be granted for the removal of a building or structure.
F.
Determination by Code Enforcement Officer. In the event that the owner or agent is unable to obtain the releases specified in Subsection D above, the Code Enforcement Officer shall inspect the premises for which application has been made to determine that the utility service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner.
A.
Notice to owner. Whenever the Code Enforcement Officer
determines that work on any building or structure is being prosecuted
contrary to the provisions of the Borough's codes and/or ordinances
in an unsafe and dangerous manner, the responsible owner of the property
involved or the owner's agent or the person doing the work shall be
notified that such work shall be immediately stopped.
B.
Unlawful continuance. Any person who shall continue
any work in or about the structure 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 conditions, shall be subject to the
penalties provided by this article.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, use or occupy any building or structure or plumbing, electrical
and mechanical equipment regulated by this article and/or the Borough's
codes, or cause same to be done, in conflict with or in violation
of any of the provisions of this article and/or the Borough's codes.
B.
Failure to comply. Whenever an order to vacate, repair
and/or demolish a structure which is a public nuisance because it
is unsafe, dangerous or unfit for human habitation has not been complied
with, the Code Enforcement Officer may, in accordance with the laws
of the Commonwealth of Pennsylvania, proceed to cause the structure
to be vacated, repaired and/or demolished or take such other action
as is necessary to abate the nuisance. Abatement under this subsection
shall not commence until at least 10 days after the service of the
order, except that the Code Enforcement Officer may determine that
more immediate action is required because of the special emergency
or dangerous conditions which exist.
C.
Recovery of expenses. The expenses incurred pursuant to Subsection B of this section or § 2-9B and other applicable codes and ordinances shall be paid by the responsible owner, operator or occupant or by the persons who caused or maintained such a public nuisance. The Code Enforcement Officer shall file on his records an affidavit stating with fairness and accuracy the items and date of the expenses incurred. The Council of the Borough of Steelton may institute a suit in assumpsit to recover such expenses to be charged against the property as a lien.
D.
Penalties. Any person, firm or corporation who shall
violate any provision of this article or who shall fail to correct
a violation or institute a remedial action as ordered by the Code
Enforcement Officer or who shall erect, construct, install, alter
or repair a building or structure or any plumbing, electrical and
mechanical equipment or systems in violation of an approved plan or
directive of the Code Enforcement Officer or of a permit or certificate
issued under the provisions of the Borough's codes shall, upon conviction
in a summary proceeding before any District Justice,[1] be sentenced for each such violation to pay a fine of
not less than $10 plus costs and not more than $300 plus costs and,
in default thereof, to undergo imprisonment in the county jail for
a period not to exceed 30 days. Each day that a violation continues
after due notice has been served in accordance with the terms and
provisions hereof shall be deemed a separate offense.
[1]
Editor's Note: Now Magisterial District Judge.
E.
Prosecution. The imposition of the penalties herein
prescribed shall not preclude the Solicitor representing the Borough
from initiating appropriate actions or proceedings at law or in equity
to effect the purposes of this article.
A.
Code Hearing Board. There is hereby established a
Code Hearing Board, appointed by the Council of the Borough, consisting
of such membership as the Council may from time to time designate
by resolution.
B.
Powers of Code Hearing Board. The Code Hearing Board
shall have the following powers and duties:
(1)
Interpretation. On appeal from a determination of
the Code Enforcement Officer or on request of any Borough official,
the Code Hearing Board shall decide any questions involving the interpretation
of any provision of this article or of those other applicable codes
and ordinances.
(2)
Variances. The Code Hearing Board may grant a variance
from the strict application of this article or of those other applicable
codes and ordinances. Such variances may be granted only in those
cases which would result in practical difficulty or unnecessary hardship
and where the public health and safety shall not be jeopardized.
(3)
Appeals. The Code Hearing Board shall hear all appeals
made to it and, depending upon its findings, shall decide whether
such appeals shall be granted.
C.
Request for appeals or variances.
(1)
Appeals or variances. Any person requesting a variance
or aggrieved by a decision of the Code Enforcement Officer or by any
other employee or official charged with the administration and enforcement
of this article and of those other applicable codes or ordinances
may take an appeal to the Code Hearing Board. All appeals shall be
made in writing, stating the grounds upon which the appeal is based,
and shall be transmitted to the Office of Code Enforcement. An appeal
must be taken within 10 days of the action or of the receipt of written
notice of any decision or ruling which is being appealed.
(2)
Cost of appeal. Costs of an appeal shall be borne
by the appellant. A minimum fee of $50 for appeals dealing with residential
properties and $75 for nonresidential properties shall be paid with
the filing of the appeal in writing.
D.
Appeals and variance procedures.
(1)
Public hearing. The Code Hearing Board shall meet
and conduct a hearing within 30 days of the receipt of an appeal or
a request for a variance. All hearings shall be public, and all persons
whose interest may be affected shall be given an opportunity to be
heard. A record shall be kept of all evidence and testimony presented
at the hearing.
(2)
Decision of the Board. All decisions of the Board
shall be in writing, and a copy of each decision shall be sent to
the applicant and to the Code Enforcement Officer. The Code Hearing
Board shall also retain in its files a copy of each decision, which
files shall be available for inspection by the public. Each decision
shall set forth fully the reasons for the decision of the Code Hearing
Board and the findings of fact on which the decision was based. The
Code Hearing Board shall make an order on its decision, and the Code
Enforcement Officer shall take immediate action to carry out said
order.
E.
Appeals from the decision of the Code Hearing Board.
Any person or persons aggrieved by any final order or decision of
the Code Hearing Board may appeal such order or decision within 30
days to the Court of Common Pleas in accordance with, as far as practicable,
the rules of civil procedure of the Supreme Court regarding appeals
from administrative agencies.
F.
Reports by the Code Hearing Board. The Code Hearing
Board shall report to the Borough periodically, at intervals of not
later than 12 months. The report shall summarize all applications
and appeals made to it since the last report and shall contain a summary
of the Board's decision on each case. A copy of the report shall be
filed with the Code Enforcement Officer. The Code Hearing Board may
also submit to the Borough Council advisory reports recommending changes
and modifications in this article or in those other applicable codes
or ordinances.
A.
Saving clause. Nothing in this article shall be construed
to affect any suit or proceeding now pending in any court or any rights
acquired, liability incurred or any cause or causes of action accrued
or existing under any act or ordinance repealed hereby. No right or
remedy of any character shall be lost, impaired or affected by this
article.
B.
Validity. The validity of any section, provision or
application of this Code Enforcement Ordinance shall not invalidate
other sections, provisions or applications.
C.
Repealer. The Borough of Steelton's Code Enforcement
Ordinance, Ordinance No. 78-4,[1] and any ordinance or code provisions conflicting with
the provisions hereof are hereby repealed insofar as they are inconsistent
with this Code Enforcement Ordinance.
[1]
Editor's Note: Ordinance No. 78-4 comprised
former Ch. 2, Code Enforcement, adopted 6-19-1978, approved 6-19-1978.
[Adopted 9-19-2005 by Ord. No. 2005-8, approved 9-15-2005]
This article may be known as cited as "The Borough of Steelton
West Shore COG/Joint UCC Board of Appeals Ordinance."
A.
As political subdivision of Pennsylvania, the Borough, and the other
municipalities named in the agreement, (hereinafter "joint municipalities")
propose to enter into an intergovernmental cooperation agreement,
a copy of which is attached hereto[1] and incorporated herein (hereinafter the "agreement")
pursuant to the Intergovernmental Cooperation Law of Pennsylvania.[2]
B.
The purpose of the agreement is to establish a joint Board of Appeals
as required under the UCC.
C.
The joint municipalities have agreed that the Joint Board of Appeals
shall be established and administered under the West Shore COG.
D.
Pursuant to the Pennsylvania Intergovernmental Cooperation Act, 53
Pa.C.S.A. § 2301 et seq., a municipality may enter into
an intergovernmental cooperation agreement upon passage of an ordinance
by its governing body.
A.
The Borough of Steelton hereby authorizes joining the West Shore
COG.
B.
The President or Vice President of the Borough Council, acting alone
or together with the Secretary or Assistant Secretary, is hereby authorized
and directed on behalf of the Borough to execute and deliver such
instruments and to take such actions as may be necessary or appropriate
to establish the Borough's membership in the West Shore COG, including
the expenses of such membership as are due pursuant to the rules and
regulations of the West Shore COG.
A.
The Borough hereby approves entering into the agreement (which shall
be filed with the minutes of the meeting at which this article was
enacted), with the intent and effect that the Borough shall be bound
by the agreement.
B.
The President or Vice President of the Borough Council, acting alone
or together with the Secretary or Assistant Secretary, is hereby authorized
and directed on behalf of the Borough to execute and deliver the agreement
and to execute and deliver such additional instruments and to take
such further actions as may be necessary or appropriate to carry forth
the agreement and the transactions to be effected under the agreement,
including the shared expense of such amounts as are due by the Borough
pursuant to the agreement.
C.
The fee for an appeal to the Joint Board of Appeals or for a request
for variance or similar relief, such as a special exemption, shall
be established, from time to time, by resolution of the Borough Council,
and shall be in keeping with the policies and procedures established
by the West Shore COG Joint Board of Appeals. The fees shall be collected
by the Borough at the time of the filing of the appeal or at the request
for a variance or a special exception. The fee shall be used in each
case by the Borough to cover stenographic services and compensation
to personnel required to attend hearings on behalf of the Borough
and to help defray the other necessary and legal expenses of the Joint
Board of Appeals pertaining to the appeal. No appeal shall be considered
complete and in compliance with the filing requirements unless and
until the fee is paid in full.
D.
The Joint Board of Appeals may from time to time, adopt policies
and procedures necessary for the proper administration of the UCC
appeal and code warranty process.
All actions of any officer, agent, or other representative of
the Borough heretofore taken in the pursuit of the establishment of
the intergovernmental agreement and/or the Borough's participation
therein, are hereby ratified and approved in all respects.
The Borough Council is hereby authorized to take such other
action as may be necessary or appropriate to carry out the purposes
of this article and of the agreement.
As required by the Pennsylvania Intergovernmental Cooperation
Act,[1] the following matters are specifically found and determined:
A.
The conditions of the agreement are set forth in the agreement.
C.
The purpose and objectives of the agreement are as set forth in this
article and in the agreement.
D.
The manner and extent of financing the agreement are that: no borrowing
will be required by the Borough; funds to implement the Borough's
obligations under the agreement same shall come from normal and usual
budgeted amounts for such matters; and the joint municipalities shall
share the expenses of the Joint Board of Appeals as set forth in the
agreement.
E.
No property, real or personal, shall be acquired by any entity under
the agreement.
F.
All municipalities participating in the agreement will maintain separate
employee benefits, separate and apart from this agreement.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
