[HISTORY: Adopted by the Council of the Borough of Baden 8-19-1992 by Ord. No. 800. Amendments noted where applicable.]
Building construction — See Ch. 55.
Unsafe buildings — See Ch. 59.
Construction codes — See Ch. 71.
Fire prevention — See Ch. 90.
Garbage — See Ch. 102.
Grass, weeds and other vegetation — See Ch. 105.
Health standards — See Ch. 110.
Housing standards — See Ch. 113.
Plumbing — See Ch. 137.
Abandoned vehicles — See Ch. 178.
Waste disposal — See Ch. 185.
Zoning — See Ch. 193.
The Borough Council of the Borough of Baden hereby establishes the position of Enforcement Officer. Said officer shall provide enforcement and shall be responsible for the protection of persons and property within the municipality through the enforcement of zoning, subdivision, sanitation and related structural and land use codes.
Editor's Note: The preamble to this ordinance established ". . . the position of Code and Sanitation Enforcement Officer (hereinafter `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.
[Amended 6-15-2011 by Ord. No. 912]
The Enforcement Officer shall keep records of all business and activities. Such records shall be available to the public per the requirements of the Pennsylvania Open Records Act.
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[Amended 6-15-2011 by Ord. No. 912]
The Enforcement Officer shall enforce and administer the provisions of this chapter and all other ordinances and codes related to zoning, subdivision, sanitation and land use and is hereby authorized to take such action as may be necessary to reasonably enforce such ordinances and codes.
The duties of the Enforcement Officer shall include the review of relevant applications; the issuance of permits, notices, and other documents; inspections and investigations to ensure enforcement of applicable codes and ordinances; recordkeeping and reporting to Borough Council; and any additional activities as directed by Borough Council.
The Enforcement Officer is authorized to enter any structure or premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Enforcement Officer is authorized to pursue recourse as provided by law.
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.