[HISTORY: Adopted by the Borough Council of the Borough of
Greenville 12-11-1973 by Ord. No. 1004 (Ch. 5, Part 1, of the
2006 Code of Ordinances.) Amendments noted where applicable.]
[Amended 3-11-1980 by Ord. No. 1092; 9-9-1980 by Ord. No. 1100; 8-8-2006 by Ord. No. 1455]
A.
Creation of Office of Code Enforcement. There is hereby created by
Council an office to be known as the "Office of Code Enforcement."
The office shall have the responsibility for the administrating and
enforcing the provisions of this chapter and the following chapters
and/or codes: Borough of Greenville Building Code, Plumbing Code,
Electrical Code, Property Maintenance Code and Fire Prevention Code.[1]
B.
Designation of Code Enforcement Officers. There shall be, by resolution
of Council, a Building Inspector, a Fire Inspector and a Health Inspector;
the Building Inspector shall be in charge of the enforcement of the
Borough's Building Code, Plumbing Code and Electrical Code, the
Fire Inspector shall be in charge of enforcement of the Borough's
Fire Prevention Code; the Health Inspector shall be jointly in charge
of the enforcement of the Greenville Property Maintenance Code along
with the Building Inspector. The Code Enforcement Officers shall supervise
such other employees as shall be necessary for the administration
and execution of the responsibilities of said offices. The Building
Inspector shall be an employee of the Borough. The aforesaid designated
Code Enforcement Officers are to be appointed subject to their several
qualifications and performance and until such time as a particular
officer fails to perform his duties properly in connection with code
enforcement.
C.
Official 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.
A.
Enforcement by Code Enforcement Officers. The Code Enforcement Officers
shall enforce and administer all of the provisions of this chapter
and of those other applicable codes and ordinances which establish
the Office of Code Enforcement as their official administration and
enforcement agency.
B.
Duties of Code Enforcement Officers. The duties of the Code Enforcement
Officers shall include the receipt of applications, the approving
of permits, the issuance of notices, certificates and orders, the
making of inspections, the undertaking of research and investigations
to determine the conformance with applicable codes and ordinances,
the keeping of records, the issuance of written annual reports and
such other activities as may be required.
C.
Right of entry. In discharge of his duties as Code Enforcement Officer,
he shall, upon proper identification and under limitations of the
Constitution of the United States, have the authority to enter at
any reasonable hour any structure or premises in the Borough to enforce
the provisions of this chapter and of those other applicable codes
and ordinances for which a building permit has been issued, or by
invitation of the owner, occupant or operator of any structure, or
on the basis of a signed written formal complaint form from any person,
which complaint would be made available for inspection by all parties
involved therein.
[Amended 8-9-1977 by Ord. No. 1050; 8-8-2006 by Ord. No. 1455]
A.
An application for permit shall be required in accordance with the
provisions set forth in the applicable codes and ordinances which
the Office of Code Enforcement has the responsibility to administer.
The application shall be submitted in such form as prescribed by the
Code Enforcement Officer and shall be accompanied by the required
fee.
B.
Action on application. The Code Enforcement Officer shall examine
the 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 the application
is rejected, the Code Enforcement Officer shall inform the applicant,
in writing, stating reasons for such rejection.
C.
It shall be unlawful for any property owner, agent of any property
owner, contractor or any person actively engaged in a building trade
to proceed with any activity requiring a permit prior to the issuance
of a permit by the Code Enforcement Officer. It shall be the duty
of the property owner or his agent to secure the required permit and
the duty of the contractor or building tradesman to verify the issuance
of the required permit before proceeding with any activity requiring
a permit. A permit shall only be issued to either the property owner
or the named contractor. Any and all contractors and building tradesman
engaged in any activity requiring a permit shall register annually
with the Borough and shall provide the Borough with a certificate
of insurance that provides proof of liability coverage for the duration
of the work and for a covered amount of at least $100,000. The application
for registration shall be in such form as prescribed by the Code Enforcement
Officer. Failure to secure a permit shall be a violation of the applicable
code or ordinance.
D.
Owner. A permit required by any of the following applicable codes
and ordinances may be issued to any person to do work in a dwelling
used exclusively for living purposes, including an accessory building,
in the event that such person is a bona-fide owner or agent of such
dwelling.
E.
Required fees.
(1)
Applicants for permits required by any of the following applicable
codes and ordinances shall pay, at the time of application, to the
permit issuing agent, for use by the Borough, fees according to the
following schedule and procedure:
(a)
The fees required for permits under the International Building
Code, the National Electrical Code, International Plumbing Code and
International Fire Code shall be established, from time to time, by
resolution of Borough Council.
(2)
All permits granted under any of the above applicable codes and ordinances
shall be good for a maximum period of 12 months; provided, that extensions
may be requested, in writing, and such extensions may be granted by
the Code Enforcement Officer for good reason; except that any permit
granted for demolition activities shall be valid for three months
only and if such work is not completed within that time, any bond
posted by the applicant shall be forfeited.
F.
Certificates. The following certificates shall be required in accordance
with the provisions of those other applicable codes or ordinances
which the office of Code Enforcement has the responsibility to administer:
(1)
Certificate of use and occupancy. In accordance with § 118.0
of the International Building Code, a certificate of use and occupancy
shall be required and no new building or portion of an existing building
which is enlarged or altered shall be used or occupied in whole or
part, until such a certificate of use and occupancy shall have been
issued by the Code Enforcement Officer.
(2)
All applicants shall within 30 days of the completion of the building,
structure or premises shall be furnished with a certificate of approval
from the Office of Code Enforcement.
[Amended 8-8-2006 by Ord. No. 1455]
Procedures in case of violations. Whenever the Code Enforcement
Officer determines that there are reasonable grounds to believe that
there has been a violation of any provision of this chapter, or of
the other applicable codes and ordinances, or of any rule or regulation
adopted pursuant thereto, he shall give notice of such alleged violation
to the responsible owner, operator or occupant as provided hereafter.
The notice shall consist of the following:
A.
It shall be in writing and shall be signed by the Code Enforcement
Officer.
B.
It shall include a statement of the reasons why the notice is being
issued and remedial actions required.
C.
It shall allow a reasonable time for the initiation and correction
of the violations alleged or of the remedial actions required except
where emergency conditions exist which require immediate corrective
action.
D.
Any person who fails to correct a violation or take remedial action
as ordered by the Code Enforcement Officer or who violates a provision
of this chapter or the applicable codes or ordinances shall upon conviction
thereof be subject to a fine not exceeding $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
or each section of this chapter which is found to have been violated
shall constitute a separate offense.
[Amended 9-9-1980 by Ord. No. 1100; 8-8-2006 by Ord. No. 1455]
A.
Right to appeal.
(1)
There is hereby created a Code Appeals Board consisting of five members,
none of whom shall be an officer or employee of the Borough, to conduct
hearing authorized by this chapter or other applicable codes and ordinances.
The term of office of each Appeals Board member shall be five years,
except for the initial term which shall be determined on a staggered
expiration basis for each member so appointed, one member to expire
each year. For voting purposes, three members shall constitute a quorum.
(2)
The Code Enforcement Officer shall be present at all meetings of
the Code Appeals Board. Appointments to fill vacancies shall be only
for the unexpired portion of the term.
(3)
One member of said Board shall be either an architect, structural
engineer, building contractor or building tradesman, one member shall
be either a mechanical engineer, plumbing contractor or journeyman
plumber, one member shall be from or associated with the medical or
health profession, one member shall be chosen at large. In the event
that members cannot be obtained with the above classification and
quantity, a member need only be a resident of the Borough.
B.
Powers of the Code Appeals Board. The Code Appeals Board shall have
the following powers and duties:
(1)
Interpretation. On appeal from the determination of the Code Enforcement
Officer, or on the request of any Borough official, the Code Appeals
Board shall decide any questions involving the interpretations of
any provision of the Greenville International Building Code, Greenville
National Electric Code, Greenville International Plumbing Code, Greenville
International Property Maintenance Code[1] or any other code or ordinance over which the Appeals
Board is given jurisdiction. Such codes and ordinances being referred
to in this section as "applicable codes and ordinances."
(2)
Variances. The Code Appeals Board may grant a variance where the
strict application of this chapter or of those other applicable code
and ordinances would result in practical difficulty or unnecessary
hardship and where the public health and safety shall not be jeopardized.
(3)
Decide appeals. The Code Appeals Board shall hear all appeals made
to it and depending on its findings decide whether the appeal should
be granted.
C.
Request for 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 chapter or of those other applicable codes and ordinances
may take an appeal to the Code Appeals 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. Appeals
shall be taken within 30 days of the action or of the receipt by written
notice of any decision or ruling which is being appealed.
D.
Appeals and variance procedures.
(1)
Public hearing. The Code Appeals Board shall meet and conduct a hearing
within 30 days of the receipt of an appeal or 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 hearings. The
records shall be by stenographic or other means.
(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 Appeals Board shall also retain
in its file a copy of each decision, which file shall be available
for inspection by the public. Each decision shall set forth fully
the reasons for the decision of the Code Appeals Board and the findings
of fact upon which the decision was based. The Code Appeals Board
shall make an order on its decision and the Code Enforcement Officer
shall take immediate action to carry out said order.
E.
Reports by the Code Appeals Board. The Code Appeals Board shall report
to Council periodically, at intervals of not later than 12 months.
The reports shall summarize all applications and appeals made to it
since the last preceding report and shall contain a summary of the
Board's decision in each case. A copy of the report shall be
filed with the Code Enforcement Officer. The Code Appeals Board may
also submit to Council reports recommending changes and modifications
in this chapter or in those other applicable codes and ordinances.
This chapter shall be known and may be cited as the "Code Enforcement
Ordinance of the Borough of Greenville, Pennsylvania."
