Building construction — See Ch. 55.
Unsafe buildings — See Ch. 59.
Fire prevention — See Ch. 90.
Garbage — See Ch. 102.
Housing standards — See Ch. 113.
Plumbing — See Ch. 137.
Vehicles, abandoned — See Ch. 178.
Zoning — See Ch. 193.
§ 5-1Position established; responsibilities.
§ 5-3Official records.
§ 5-4Powers and duties.
§ 5-5Violations and penalties.
§ 5-7Additional remedies.
The Borough Council of the Borough of Baden hereby establishes the position of Enforcement Officer.
There shall be appointed by the Council of the Borough of Baden an enforcement officer who shall be in charge of the Office of Code Enforcement of the Borough of Baden. The Enforcement Officer shall administer and execute the responsibilities of said office.
An official record shall be kept of all business and activities of the Enforcement Officer, and all such records shall be open to the public for inspection at all appropriate times.
The Enforcement Officer shall enforce and administer the provisions of this chapter and of those other applicable codes and ordinances related to the protection of persons and property within the municipality through the enforcement of zoning, subdivision, sanitation and related land use codes.
The duties of the 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 keeping of records; the preparation of monthly reports; and other such activities as directed by the Council of the Borough of Baden.
In such discharge of his or her duties, the Enforcement Officer or his or her authorized representative shall, upon showing proper identification, have the authority to enter, at any reasonable hour, any structure or premises in the Borough of Baden to enforce the provisions of this chapter and those of other applicable codes and ordinances. The assistance and cooperation of all other municipal officials, including the Police and Fire Departments, shall be available to the Enforcement Officer to assist in the performance of his or her duties and in securing right of entry.
The owner, operator or occupant or other person in charge of any structure or premises shall give the Enforcement Officer free access thereto, and it shall be unlawful to refuse or impede entrance of the Enforcement Officer to said structure or premises for the purpose of making any required inspection.
If any such owner, operator or other occupant or other person in charge refuses or impedes any required or lawful inspection, the Borough of Baden may seek, in a court of competent jurisdiction, an order that such owner, occupant or person in charge shall cease and desist with such interference.
Whenever the Enforcement Officer determines that there is or has been a violation of any provision of this chapter or of other applicable codes and ordinances or of any rule or regulation adopted pursuant thereto, he or she shall give notice to the owner, operator, occupant or other responsible persons, as the case may be, of such determined violation. Said notice shall be in writing, signed by the Enforcement Officer, and shall include the following:
A statement of the determined violation and the action or actions necessary for compliance.
A reasonable period of time as determined by the Enforcement Officer, but not less than 10 days' notice, for the correction of the determined violation or violations, unless, in the opinion of the Enforcement Officer, an emergency condition exists or the violation or violations constitute an immediate threat to the health, safety or welfare of any individual or individuals.
Any person who fails to correct a violation or take a remedial action as ordered by the Enforcement Officer or who violates a provision or fails to comply with any requirement of this chapter or of any of the other applicable codes and ordinances shall be liable, upon conviction, to pay a fine of not less than $25 nor more than $300, plus costs of prosecution, and, upon default of payment of such fine and costs, to imprisonment not exceeding 30 days for each and every day the violation exists, which shall be determined to be a separate violation, at the discretion of the District Justice or the Court of Common Pleas of Beaver County.
Any prosecution for violation of this chapter shall be brought in the name of the Borough of Baden before the District Justice, and all fines and penalties shall be paid to Baden Borough and applied to the general funds of Baden Borough to pay operating costs.
The remedies as set forth herein shall not be exclusive, and the Borough of Baden shall have the right to avail itself of any other remedy at law or equity which it may deem to be appropriate.