[HISTORY: Adopted by the City Council of the City of Monessen 3-27-1974 by Ord. No. 4-1974. Amendments noted where applicable.]
Building construction — See Ch. 153.
Subdivision and land development — See Ch. 345.
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken the excavation, filling and/or grading of any land within the municipality unless an approved permit has been obtained from the designated city official.
For the purpose of this chapter, the following definitions shall apply:
- EARTH MATERIAL
- Any rock, natural soil or fill and/or any combination thereof.
- The mechanical removal of earth material.
- The deposition of earth material.
- Any excavating or filling or combination thereof.
- Any person, persons, partnership, business or corporation.
Application for such permit shall be made in writing to the designated city official on forms supplied by the municipality. Such application shall contain at least the following:
An identification and description of the work to be covered by the permit for which application is made.
A description of the land on which the proposed work is to be done, by lot, block, tract and house and street address, or similar description which will readily identify and definitely locate the proposed work.
An estimate of the value of the proposed work.
Such other information as reasonably may be required by the designated city official.
The designated city official shall issue a permit only after it has been determined that the proposed work will be in conformance with all applicable requirements and regulations.
After the issuance of a permit by the designated city official, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the designated city official.
In addition to the permit, the designated city official shall issue a placard which shall be displayed on the premises during the time the work is in progress. This placard shall show the number of the permit, the day of its issuance and be signed by the designated city official.
The proposed work shall begin within six months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the designated city official.
During the permitted work period, the designated city official or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. In the event that the designated city official discovers that the work does not comply with the permit application of any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the designated city official shall revoke the permit and report such fact to the City Council for whatever action it considers necessary.
Applications for a permit shall be accompanied by a fee as set forth from time to time by resolution of the City Council, payable to the municipality, based upon the estimated cost of the proposed work as determined by the designated city official
Any person aggrieved by the designated city official's estimate of the cost of the proposed work may appeal to the City Council. Such appeal must be filed, in writing, within 30 days after the determination by the designated city official. Upon receipt of such appeal, the City Council shall set a time and place not less than 10 nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination of the estimated cost by the City Council shall be final in all cases.
Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order or direction of the designated city official or any other authorized employee of the municipality shall, upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $300 or to undergo imprisonment not exceeding 90 days, or both. Each day during which any violation of this chapter continues shall constitute a separate offense.
In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any excavation, filling, and/or grading in noncompliance with this chapter may be declared by the City Council to be a public nuisance and abatable as such.