[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 11-14-1989 by Ord. No. 6-1989; amended in its entirety 2-10-1998 by Ord. No. 2-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Construction Code — See Ch. 75.
Building construction — See Ch. 77.
Electrical standards — See Ch. 107.
Housing standards — See Ch. 135.
Plumbing — See Ch. 163.
Streets and sidewalks — See Ch. 192.
Subdivision and land development — See Ch. 195.
Wellhead protection — See Ch. 220.
Zoning — See Ch. 225.
A. 
The Borough of Kutztown hereby creates an office to be known as the "Borough Code Office." The Borough Code Office shall have the responsibility for administering the enforcement of the provisions of this chapter and administering the inspection and enforcement provisions of the following codes, regulations and ordinances of the Borough of Kutztown (other than provisions thereof which pertain to the keeping of public peace and order in the Borough of Kutztown):
(1) 
The Subdivision and Land Development Regulations of the Borough of Kutztown, being Chapter 195 of the Kutztown Code, as amended and supplemented.
(2) 
The Zoning Regulations of the Borough of Kutztown, being Chapter 225 of the Kutztown Code, as amended and supplemented, in the manner provided in § 11-1B hereinbelow.
(3) 
The Sidewalk, Curb and Driveway Regulations of the Borough of Kutztown, being Chapter 192 of the Kutztown Code, as amended and supplemented.
(4) 
The Building Code of the Borough of Kutztown, being Chapter 77 of the Kutztown Code, as amended and supplemented.
(5) 
The Electrical Code of the Borough of Kutztown, being Chapter 107 of the Kutztown Code, as amended and supplemented; provided, however, that as concerns said Electrical Code, the responsibility of the Code Office shall be limited to administering the enforcement of provisions thereof and the making of such inspections as said Electrical Code shall, from time to time, authorize the Code Enforcement Officer to make.
(6) 
The Housing Code of the Borough of Kutztown, being Chapter 135 of the Kutztown Code, as amended and supplemented.
(7) 
The Plumbing Code of the Borough of Kutztown, being Chapter 163 of the Kutztown Code, as amended and supplemented.
(8) 
The Floodplain Regulations of the Borough of Kutztown, enacted and ordained by Ordinance No. 10-1997[1] of the Borough of Kutztown, being Chapter 123 of the Kutztown Code, as amended and supplemented.
[1]
Editor's Note: Ordinance No. 10-1997 was superseded 3-10-1998 by Ord. No. 3-1998. See Ch. 123, Floodplain Regulations.
(9) 
Chapter 177 of the Code of the Borough of Kutztown, entitled "Sewers", as amended and supplemented.
[Amended 4-20-2004 by Ord. No. 5-2004]
(10) 
The Water Ordinance of the Borough of Kutztown, enacted and ordained by ordinance on March 15, 1960, as amended and supplemented.
(11) 
The Fire Prevention Regulations of the Borough of Kutztown, being Chapter 119 of the Kutztown Code, as amended and supplemented.
(12) 
Chapter 168 of the Kutztown Code, entitled "Public Health/Nuisances," as amended and supplemented.
(13) 
Chapter 185 of the Kutztown Code, entitled "Solid Waste," as amended and supplemented.
(14) 
Chapter 220 of the Kutztown Code, entitled "Wellhead Protection," as amended and supplemented.
(15) 
Chapter 110 of the Kutztown Code, entitled "Fiber-Optic Communications Network," as amended and supplemented.
[Added 7-16-2002 by Ord. No. 9-2002[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection A(15) as Subsection A(16).
(16) 
Chapter 75 of the Code of the Borough of Kutztown, entitled "Uniform Construction Code," being Act No. 45 of 1999, as amended from time to time.
[Added 4-20-2004 by Ord. No. 5-2004]
(17) 
Those provisions of any other regulations and/or ordinances of the Borough of Kutztown now or hereafter specifically assigning or delegating certain responsibilities to the Director of Construction and Property Inspection or their designee.
[Amended 4-20-2004 by Ord. No. 5-2004]
B. 
The Zoning Regulations of the Borough of Kutztown, being Chapter 225 of the Kutztown Code, the Floodplain Regulations of the Borough of Kutztown, being Chapter 123 of the Kutztown Code, the Subdivision and Land Development Regulations of the Borough of Kutztown, being Chapter 195 of the Kutztown Code, the Wellhead Protection Regulations of the Borough of Kutztown, being Chapter 220, as amended and supplemented, shall be administered and enforced by the Code Office, acting through the Zoning Officer appointed in accordance with said Zoning Regulations, as amended. The Plumbing Code of the Borough of Kutztown, being Chapter 163 of the Kutztown Code, shall be administered and enforced by the Borough Code Office, acting through the Plumbing Inspector appointed by the Borough Council.
C. 
The above codes shall be enforced together with any amendments, supplements, substitutions and revisions hereafter adopted as pertains to any of the above-described codes, regulations and ordinances.
[Amended 4-20-2004 by Ord. No. 5-2004]
The Council of the Borough of Kutztown shall appoint a Director of Construction and Property Inspection or their designee who shall be in charge of code enforcement and who shall serve in that capacity at the will of the Council of the Borough of Kutztown. Neither the Director of Construction and Property Inspection or their designee, nor any of their respective assistants, inspectors or other employees shall hold any elective office in the Borough of Kutztown nor shall any of them be employed by any other person, corporation, partnership or other entity which has any direct or indirect relationship to the Code Enforcement Office. The Director of Construction and Property Inspection or their designee shall have primary responsibility for the administration and enforcement of Chapter 225, Zoning Regulations, Chapter 195, Subdivision and Land Development Regulations, Chapter 123, Floodplain Regulations, Chapter 220, Wellhead Protection Regulations, all as amended from time to time, and such other ordinances, codes and regulations as are governed by the Municipalities Planning Code of the Commonwealth of Pennsylvania,[1] as amended from time to time.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 4-20-2004 by Ord. No. 5-2004]
The Director of Construction and Property Inspection or their designee shall each be responsible for the fulfillment of the duties and responsibilities of the Borough Code Office, as assigned to each of them by the Borough Manager appointed pursuant to Chapter 29 of this Code. The duties of the Director of Construction and Property Inspection or their designee shall include the receipt of applications, the issuance of permits, notices, certificates and orders, the making of inspections (other than such inspections under the Electrical Code of the Borough of Kutztown to be made by a person or entity other than the Director of Construction and Property Inspection or their designee, to determine conformance with applicable codes, regulations and ordinances hereinabove described in § 11-1 of this chapter, the keeping of records, supervision of administrative matters within the Borough Code Office as assigned by the Borough Manager, the issuance of periodic reports to the Council of the Borough of Kutztown, the recommendation of amendments and supplements to the various codes, regulations and ordinances described in § 11-1 of this chapter and such other activities as may, from time to time, be designated by the Council of the Borough of Kutztown. The Director of Construction and Property Inspection or their designee shall supervise such other employees, assistants and inspectors as shall be necessary for the administration and execution of the responsibilities of the Borough Code Office as, from time to time, appointed, approved or authorized by the Council of the Borough of Kutztown.
An official record shall be kept of all business and activities of the Borough Code Office and, to the extent required by law, all such records shall be open to the public for inspection at all appropriate times; provided, however, that the aforesaid shall not apply to any records or information which is not required by law to be made available to the public and provided, further, that the aforesaid shall not apply to any evidence or information obtained in the course of any inspection or investigation, which shall be considered privileged information and shall be kept confidential.
[Amended 4-20-2004 by Ord. No. 5-2004]
In the discharge of their respective duties, the Director of Construction and Property Inspection or their designee, or their respective assistant or authorized representative, upon showing proper identification when requested, is hereby authorized to enter and inspect, at any reasonable hour, which shall be deemed to be between 6:00 a.m. and 10:00 p.m. prevailing time, any building, structure or premises in the Borough of Kutztown for the purpose of enforcing the duties and responsibilities of the Borough Code Office pertaining to any of the codes, regulations and ordinances hereinabove described in § 11-1 of this chapter. The Director of Construction and Property Inspection or their designee and the owner, operator or occupant or other person in charge of any such building, structure or premises, subject to the provisions of this section, may agree to an inspection by appointment at a mutually convenient time.
Nothing in this chapter shall be deemed to limit, supersede or otherwise interfere with the duties and responsibilities of the Police Department of the Borough of Kutztown and the members of said Police Department as such duties and responsibilities may, from time to time, be provided by statute, ordinance, rule or regulation or otherwise provided by law.
[Amended 4-20-2004 by Ord. No. 5-2004]
The Director of Construction and Property Inspection or their designee are each hereby authorized and empowered to institute summary proceedings by citation, civil enforcement proceedings or any other proceeding as may be authorized by applicable code, regulation or ordinance hereinabove described in § 11-1 of this chapter or as otherwise may be authorized by law, and each shall also have the authority and power to request, obtain and serve search warrants and subpoenas as may be authorized by any of the codes, regulations and ordinances hereinabove described in § 11-1 of this chapter or as otherwise may be authorized by law.