[HISTORY: Adopted by the Board of Supervisors of the Township of
Hempfield 5-9-1983 as Ord. No. 83-9. (This
ordinance also repealed former Ch. 60, Occupancy Permit, adopted 3-9-1981
as Ord. No. 81-5.) Amendments noted where applicable.]
This chapter shall be known as the "Hempfield Township Building Occupancy
Permit Ordinance."
The following words shall be given the definitions herein described
for the purpose of interpreting this chapter:
A structure or building having at least 500 square feet of covered
(having a roof erected over the same) floor space. This definition shall only
be applied to new buildings and additions to buildings already in existence.
Whenever for the first or initial time a new structure is occupied
as a residence or accessory use to a residence; whenever any structure is
occupied at any time to be used as a place of business or for an industrial
use or agricultural use, or for any other type of use which is not residential
or an accessory use to a residential dwelling.
A.Â
No new structure shall be occupied (occupancy made of
the same) without there first being filed by the owner an application for
an occupancy permit, on a form supplied by Hempfield Township, for occupancy
of the same. Said application shall be made to the Ordinance Office of Hempfield
Township. The Ordinance Office of Hempfield Township may, before issuance
of an occupancy permit, inspect the new structure in order to ensure that
the same has been erected in conformity with all ordinances of Hempfield Township
regulating and controlling the erection and/or location of such new structure.
The Hempfield Township Ordinance Office shall issue an occupancy permit when
it has been determined that the erection and/or location of the new structure
has not violated any ordinances of Hempfield Township. The Hempfield Township
Ordinance Office may deny the issuance of an occupancy permit if there is
found to exist violations of ordinances of Hempfield Township concerning the
erection and/or location of such new structure. For residential uses an occupancy
permit will only be required whenever a structure has been occupied for the
first or initial time.
B.Â
No new structure or already existing structure shall
be occupied by any person, corporation, partnership or any other type of legal
entity for purposes other than residential uses or accessory uses thereto
without there first being filed by the owner or occupant, or future occupant,
an application for an occupancy permit, on a form supplied by Hempfield Township,
for occupancy of the same. Said application shall be made to the Ordinance
Office of Hempfield Township. The Ordinance Office of Hempfield Township,
before issuance of the occupancy permit, shall inspect the premises in order
to ensure that there is conformity with all ordinances of Hempfield Township
concerning the structure and occupancy of the same. The Hempfield Township
Ordinance Office shall issue an occupancy permit when it has been determined
that the structure is not in violation of any ordinances of Hempfield Township.
The Hempfield Township Ordinance Office may deny the issuance of an occupancy
permit if there is found to exist violations of the ordinances of the Township
of Hempfield concerning said structure.
[Amended 10-27-2003 by Ord. No. 2003-18]
Anyone filing an application for an occupancy permit with the Township
of Hempfield shall, at the time of the filing of an application, pay to the
Township of Hempfield a fee as shall be set forth in a resolution duly adopted
by the Board of Supervisors of the Township of Hempfield.
No new structure occupied as a residence or accessory use to a residence
or any existing structure occupied for any other purpose shall be so occupied
by any person, partnership, corporation or any other type of entity unless
an occupancy permit has been issued by the Hempfield Township Ordinance Office
allowing occupancy of the same.
[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996
by Ord. No. 96-4; 6-9-1997 by Ord.
No. 97-9]
A.Â
Any person, firm, partnership or corporation who or which
shall violate the provisions of this chapter shall, upon conviction thereof
by a District Justice in a summary criminal proceeding, be punishable by a
fine of not less than $100 nor more than $1,000, together with the cost of
prosecution and reasonable attorney fees or, in default of payment thereof,
by imprisonment for not more than 30 days. Each day that a violation continues
under the provisions of this chapter shall be considered a separate enforceable
offense.
B.Â
In the enforcement of this section, the Code Enforcement
Officer of Hempfield Township may, at his sole discretion, utilize a citation
notice, in a form to be approved by the Board of Supervisors, notifying the
person responsible as to the violation of this chapter and providing that
person an opportunity to remedy said violation within five days of the date
of that notice and to impose a fine not to exceed $50 payable to the Township
of Hempfield, without the necessity of a court proceeding and the imposition
of attorney fees and court costs.
C.Â
Notwithstanding the foregoing, Hempfield Township may,
if it deems it appropriate, proceed in an action in equity to cause an injunction
to issue, either preliminarily or otherwise, or to have a court of competent
jurisdiction issue a restraining order against any person, firm, partnership,
corporation, joint venture or any other type of legal entity from a violation
or violations of the within chapter.
D.Â
Notwithstanding any and all of the foregoing enforcement
provisions, the Fire Code Inspector and/or the Code Enforcement Officer of
the Township of Hempfield may, upon discovery of a violation of any section
of this chapter, immediately issue a written notification revoking any and
all permits which may have been issued to the offending property owner or
that owner's representative relating to the use or operation of the property
for which the violation is noted. Such written notification shall constitute
a stop-work order, requiring the immediate cessation of all on-going activity,
construction or utilization of the property until and unless all violations
have been remedied.
