[Adopted 4-7-2008 by Res. No. 2008-14]
Kingston presently has a Board of Appeals under
the Uniform Construction Code. It is agreed that Swoyersville shall
be permitted to designate and utilize this Board of Appeals for Swoyersville's
UCC appellate matters. Swoyersville will participate in any costs
of administering this Board of Kingston as mutually agreed upon from
time to time. Additionally, Swoyersville will pay to Kingston an anticipated
stipend for the members of the Board of Appeals at the rate of $175
per hearing day.
The following are the individual responsibilities
of each municipality:
A.
Drafting and enacting on ordinance that ratifies the
municipality's participation in the Joint Code Enforcement Program
and authorizing the entry into this agreement in accordance with the
requirements of the Intergovernmental Cooperation Act.
B.
As to the Borough of Swoyersville, Swoyersville shall
indemnify and hold the Municipality of Kingston harmless from lawsuits
claimed or asserted against the Board of Appeals or the Municipality
of Kingston pertaining to those actions or claims emanating from matters
involving Swoyersville Borough.
Each municipality shall, at its sole cost and
expense, pay for the costs of administering the UCC within its municipality.
Any fines or penalties recovered by a municipality for a violation
of its ordinances shall be the sole property of the prosecuting municipality.
Similarly, any permit fees shall be the sole property of the municipality
where the work is being performed.
The term of this agreement shall be for a period
of one year commencing with the date of execution hereof by Swoyersville
Borough and the Municipality of Kingston. This agreement shall be
automatically renewed for an additional term of one year at the conclusion
of the initial term and each renewal thereafter unless, at least 90
days prior to expiration, the municipality which does not desire to
renew the agreement gives written notice of such refusal to renew
to the other municipality in writing. Notwithstanding the foregoing,
either municipality can withdraw from this agreement upon good cause
shown, provided that 90 days' written notice shall be given to the
other party.
This agreement may be amended only by ordinance enacted by both participating municipalities. This section shall not require an ordinance for either municipality to not renew the agreement or withdraw from the agreement pursuant to § 19-23 of the agreement. Withdrawal may be accomplished by a resolution of the withdrawing party.
This agreement shall be interpreted in accordance
with the laws of the Commonwealth of Pennsylvania.
The provisions of the agreement are severable,
and if any sections, sentence, clause, part or provision hereof shall
be held to be illegal, invalid or unconstitutional by any court of
competent jurisdiction, such decision of the court shall not affect
or impair the remaining section, sentences, clauses, parts or provisions
of this agreement. It is hereby declared to be the intent of the governing
bodies of each participating municipality that this agreement would
have been entered into if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
When the sense so requires, words of any gender
used in this agreement shall be held to include any other gender,
and words in the singular number shall be held to include the plural,
and vice versa.
Each municipality shall designate one or more
persons as being responsible for the administration of the provisions
of the agreement, including, but not limited to, scheduling inspections
and enforcement work, payment of code officials for services rendered
and coordination of appeal hearings.
This agreement can be executed in one or more
counterparts which, when read together, shall constitute one complete
and binding agreement.
