[HISTORY: Adopted by the Council of the Borough
of Baden 8-19-1992 by Ord. No. 800. Amendments noted where applicable.]
GENERAL REFERENCES
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.[1] 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.
[1]
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.[1]
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[Amended 6-15-2011 by Ord. No. 912]
A.
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.
B.
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.
C.
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.
A.
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:
(1)
A statement of the determined violation and the action
or actions necessary for compliance.
(2)
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.
B.
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.
