[HISTORY: Adopted by the Borough Council of the Borough of Honesdale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-1977 by Ord. No. 435]
[Amended 10-13-1998 by Ord. No. 571; 2-8-1999
by Ord. No. 574]
These regulations shall be known as the "Code Enforcement Ordinance
of Honesdale." They shall control all matters concerning administration and
enforcement of codes which pertain to the construction, alteration, addition,
repair, removal, demolition, use and maintenance of premises, buildings and
structures, their service equipment and applied to existing or proposed buildings
and structures in Honesdale Borough, except for enforcement of Ordinance No.
562 of the Borough of Honesdale as amended from time to time.[1]
This article shall be construed to secure its expressed intent which
is to ensure public safety, health and welfare insofar as they are affected
by building and property maintenance and by building construction, through
structural strength, adequate egress facilities, sanitary equipment, light
and ventilation and firesafety; and in general, to secure safety to life and
property from all hazards incident to the design, erection, repair, maintenance,
removal, demolition or use of buildings, structures and premises.
The provisions of this article shall apply to all premises and buildings
and structures and their appurtenant constructions, including vaults, area
and street projections and accessory additions, and shall apply with equal
force to municipal, county, state and private buildings, except where such
buildings are otherwise specifically provided for by statute.
No premises shall be owned, maintained or used nor shall any building
or structure be constructed, extended, repaired, removed or altered in violation
of these provisions.
The continuation of occupancy or use of a building or structure or premises
or of a part thereof, contrary to the provisions of this article, shall be
deemed a violation and subject to the penalties prescribed herein.
When the provisions specified for structural, fire and sanitary safety are more restrictive than Chapter 210, Zoning, this article and the codes shall control the erection or alteration of buildings in respect to location, use, permissible area and height; but in any case, the more rigid requirements of either the codes or Chapter 210, Zoning, shall apply whenever they may be in any conflict.
All premises, buildings and structures and all parts thereof, both existing
and new, shall be maintained in a safe and sanitary condition. All service
equipment, means of egress, devices and safeguards which are required by this
article and the codes shall be maintained in good working order.
The owner or the designated agent of the owner shall be responsible
for the safe and sanitary maintenance of the premises and the buildings or
structures at all times.
The legal use and occupancy of any premises or structure existing on
the date of adoption of this article may be continued without change, except
as may be deemed necessary by the Code Enforcement Official for the general
safety and welfare of the occupants and the public.
As used in this article, the following terms shall have the meanings
indicated:
An authorization granted for the utilization of electrical equipment,
and as referred to in the Electrical Code.[1]
An authorization granted, as herein provided, upon completion of
a project for which a permit has been issued.
The executive official of the Office of Code Enforcement, herein
abbreviated as "CEO" and referred to in various codes as "building official"
or "fire official."
Any or all of the following duly enacted ordinances, as amended and
as adopted:
The Honesdale Building Code, hereinafter referred to as the "Building
Code."[2]
The Honesdale Plumbing Code, hereinafter referred to as the "Plumbing
Code."[3]
The Honesdale Fire Prevention Code, hereinafter referred to as the "Fire
Code."[4]
The Honesdale Property Maintenance Code, hereinafter referred to as
the "Property Maintenance Code."[5]
The Honesdale Electrical Code, hereinafter referred to as the "Electrical
Code."[6]
An authorization to conduct certain specified business operations,
and as referred to in the Fire Code as "permit."
An authorization granted for construction, enlargement, alteration,
repair, removal or demolition of a structure or part or component of a structure,
and as referred to in the Building Code or the Plumbing Code.
A.
Creation of Office of Code Enforcement. There is hereby
created by the Borough Council of Honesdale an office of the municipality
to be known as the "Office of Code Enforcement." Said office shall have the
responsibility for administering and enforcing the provisions of this article
and of those other codes and/or ordinances of the municipality (herein referred
to as "codes") which designate said Office of Code Enforcement as their official
administration and enforcement agency. The executive official in charge of
the Office of Code Enforcement shall be known as the "Code Enforcement Official,"
hereinafter abbreviated as the "CEO."
B.
Appointment. The CEO shall be appointed by the chief
appointing authority of the municipality, and the CEO shall not be removed
from office prior to the expiration of the appointment, except for cause and
after full opportunity has been granted to be heard on specific and relevant
charges by and before the appointing authority.
C.
Organization. The CEO shall supervise such number of
assistants and other employees as shall be necessary for the administration
of this article, as appointed by the appointing authority.
D.
Deputy. The appointing authority may designate one or
more assistants as Code Enforcement Deputies, who shall exercise all the powers
of the CEO during the temporary absence or disability of the CEO.
E.
Qualifications of CEO. To be eligible for appointment,
the CEO shall have had at least three years of building construction or repair
or inspection experience. Additional qualifications or waivers of qualifications
shall be at the discretion of the appointing authority.
F.
Qualifications of assistants. No person shall be appointed
as an assistant unless such person has had at least three years of practical
experience in the technical work which the person is appointed to supervise
or in responsible charge of building construction or as a skilled worker.
Additional qualifications or waivers of qualifications shall be at the discretion
of the appointing authority.
G.
Restriction on employees.
(1)
No official or employee connected with the Office of
Code Enforcement shall inspect any building or property in which such person
has a vested interest. In all cases, decisions and judgments and variations
shall be without discrimination and without having the effect of granting
a special privilege not shared by others in comparable conditions.
(2)
It shall be unlawful for the CEO or any other employee
or elected official of the Borough of Honesdale to cause, either directly
or indirectly, any personal gain to himself or to any other specified persons
or firms by any demand, suggestion, influence or inference; provided, however,
that this shall not restrict the legal and customary purchasing and selling
by the municipality and its employees and officials.
H.
Relief from personal responsibility. The CEO or employee
charged with the enforcement of this article, while acting for the municipality,
shall not thereby render himself liable personally, and such person is hereby
relieved from all personal liability for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of official duties. Any suit instituted against any officer or employee because
of an act performed in the lawful discharge of duties and under the provisions
of this article shall be defended by the legal representative of the municipality
until the final termination of the proceedings. In no case shall the CEO or
any of the CEO's subordinates be liable for costs in any action, suit
or proceeding that may be instituted in pursuance of the provisions of this
article. Any employee of the Office of Code Enforcement acting in good faith
and without malice shall be free from liability for acts performed under any
of its provisions or by reason of any act or omission in the performance of
official duties in connection therewith.
I.
Official records. Complete and official records shall
be kept of all business and activities of the Office. All such records shall
be open to public inspection at all appropriate times.
A.
General. The CEO shall enforce all the provisions of
this article. The duties of the CEO shall include the receipt of applications,
the issuance of permits, notices, certificates and orders, the making of inspections
to determine conformance with the codes and with this article, the undertaking
of research and investigations, the establishment of appropriate rules, the
keeping of records, the issuance of written annual reports and such other
activities as may be required.
B.
Property maintenance.
(1)
The CEO shall, upon written complaint or upon request
by the municipal governing body, make inspections and determinations as necessary
to enforce any provisions of the Property Maintenance Code and its amendments.[1]
(2)
In addition, the CEO may, upon appointment by the municipal
appointive authority, serve as Zoning Officer with all the duties and authority
thereof without conflict with this article.
C.
Applications and permits. The CEO shall receive applications
and issue permits for the erection and alteration of buildings and structures
and inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this article.
D.
Notices and orders. The CEO shall issue all necessary
notices or orders to remove illegal or unsafe conditions, to require the necessary
safeguards during construction and to ensure compliance with all the requirements
for the safety, health and general welfare of the public.
E.
Inspections. The CEO shall make all the required inspections
or the CEO may accept reports of inspection by authoritative and recognized
services or individuals, and all reports of such inspections shall be in writing
and certified by a responsible officer of such authoritative service or by
the responsible individual, or the CEO may engage such expert opinion as deemed
necessary to report upon unusual technical issues that may arise, subject
to the approval of the appointing authority.
F.
Research and investigations. The CEO may make or cause
to be made investigations of new developments in the building industry; subject
to local climatic or other conditions, the CEO may accredit tests meeting
the functional requirements of the codes conducted by accredited authoritative
agencies or the CEO may accept duly authenticated reports from the Building
Officials and Code Administrators International, Inc. or from recognized authoritative
sources of all new materials and methods of construction proposed for uses
which are not specifically provided for in the codes. The costs of all tests
or other investigations required under these provisions shall be paid by the
applicant.
G.
Office records. The CEO shall keep complete and official
records of applications received, permits, licenses and certificates issued,
fees collected, reports of inspection and notices and orders issued. File
copies of all papers in connection with enforcement and administration of
this article shall be retained in the official records so long as the premises,
building or structure to which they relate remains in existence.
H.
Annual report. At least annually, the CEO shall submit
for audit to the governing authority of the municipality a written statement
of all permits and licenses and certificates issued and denied, variations
granted, fees collected and violations noted and dispositions of the same
violations.
I.
Rule-making authority. The CEO shall have power as may
be necessary in the interest of public safety, health and general welfare
to adopt and promulgate rules to interpret and implement the provisions of
this article to secure the intent thereof; but no such rules shall have the
effect of waiving working stresses or fire-resistive requirements specifically
provided in the codes or violating accepted engineering practice involving
public safety.
J.
Accepted engineering practice. In the absence of approved
rules, the regulations, specifications and standards listed in Appendix A,
Accredited Authoritative Agencies; Appendix B, Accepted Engineering Practice
Standards; and Appendix C, Material Standards (BOCA Basic Building Code, 1975),
shall be deemed to represent accepted engineering practice in respect to the
material, equipment, system or method of construction therein specified.
K.
Promulgation of rules. No rule shall become effective
until such rule shall have been presented in writing and approved by the municipal
governing body.
A.
Variations. When there are practical difficulties involved
in carrying out structural or mechanical provisions of the codes or of an
approved rule, the CEO may vary or modify such provisions upon application
of the owner or agent of the owner, provided that the spirit and intent of
the law shall be observed and public welfare and safety be assured.
B.
Written modification. The application for modification
and the final decision of the CEO shall be in writing and shall be officially
recorded with the application for the permit in the permanent records of the
Office of Code Enforcement.
A.
Preliminary inspection. Before issuing a license or permit,
the CEO shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed, and the CEO shall conduct such
inspections from time to time during and upon completion of the work for which
the CEO has issued a license or permit, and the CEO shall maintain a record
of all such examinations and inspections and of all violations of this article
or of the codes.
B.
Accredited inspection services. The CEO may accept reports
of a Deputy or of approved inspection services which satisfy the requirements
as to qualifications and reliability.
C.
Plant inspection. When required by the provisions of
the codes or by approved rules, materials or assemblies shall be inspected
at the point of manufacture or fabrication.
D.
Inspection reports. All inspection reports shall be in
writing and shall be certified by the CEO or deputy or the individual when
expert inspection services are accepted. A label or mark or approval permanently
fixed to the product indicating that factory inspection has been made shall
be accepted in lieu of the aforesaid report in writing.
E.
Final inspection. Upon completion of a building or structure
or addition and before issuance of the certificate of use and occupancy, a
final inspection shall be made and all violations of the approved plans and
permit shall be noted and the holder of the permit shall be notified of the
discrepancies.
F.
Right of entry.
(1)
In the discharge of duties, the CEO or Deputy shall,
upon showing proper identification, have the authority to enter, at any reasonable
hour, any structure or premises in the municipality to enforce the provisions
of this article and of the codes.
(2)
The owner, operator or occupant or other person in charge
of any structure or premises shall give the CEO free access thereto, and it
shall be unlawful to refuse or impede entrance of the CEO to said structure
or premises for the purpose of making any inspection.
(3)
If any such owner, operator or other occupant or other
person in charge refuses or impedes any required or lawful inspection, the
municipality 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.
G.
Official identification. The appointive authority shall
provide for the CEO and Deputies a notification of appointment which may be
displayed for the purpose of identification.
H.
Municipal cooperation. The assistance and cooperation
of police and all other municipal officials shall be available to the CEO
in the performance of duties.
A.
When permit is required. It shall be unlawful to construct,
enlarge, alter, move, remove or demolish a building in excess of 100 square
feet or change the occupancy of a building from one use to another requiring
greater strength, exitway or sanitary provisions, excepting that ordinary
repairs as defined herein which do not involve any violation of codes shall
be exempt from this provision.
C.
When a certificate of approval is required. It shall
be unlawful to utilize for more than 30 days any electrical wiring in a newly
constructed building or any electrical meter service that is newly installed
or relocated without obtaining a certificate of approval.
D.
Ordinary repairs. Ordinary repairs to buildings may be
made without application or notice to the CEO, but such repairs shall not
include the removal or cutting of any structural beam or bearing support or
the removal or change of any required means of egress or rearrangement of
parts of a structure affecting the exitway requirements; nor shall ordinary
repairs include relocation of any standpipe, sewer, building drainage, drain
leader, gas, soil, waste, vent or similar piping, electric service entrance
or mechanical or other work affecting public health or general safety.
A.
Form of application. The application for a permit shall
be submitted in such form as the appointing authority shall prescribe and
shall include a list of the applicant's estimated cost of the project
used in determination of the fee and shall be accompanied by the required
fee as prescribed therein.
B.
By whom application is made. Application for a permit
shall be made by the owner or lessee of the building or structure, or the
agent of either, or by the engineer or architect employed in connection with
the proposed work. If the application is made by a person other than the owner
in fee, it shall be accompanied by a duly verified affidavit of the owner
or the qualified person making the application that the proposed work is authorized
by the owner in fee and that the applicant is authorized to make such application.
The full names and addresses of the owner or lessee and of the responsible
officers, if the owner or lessee is a corporate body, shall be stated in the
application.
C.
Description of work. The application shall contain a
general description of the proposed work, its location, the use and occupancy
of all parts of the building or structure and of all portions of the site
or lot not covered by the building and such additional information as may
be required by the CEO.
D.
Plans and specifications. The application for the permit
shall be accompanied by not fewer than two copies of specifications and of
plans drawn, with sufficient clarity and detail dimensions to show the nature
and character of the work to be performed. When quality of materials is essential
for conformity to the codes, specific information shall be given to establish
such quality, and in no case shall the code be cited or the term "legal" or
its equivalent be used as a substitute for specific information. The CEO may
waive the requirement for filing plans when the work involved is of a minor
nature.
E.
Plot diagram. There shall also be filed a plot plan showing
the size and location of all the new construction and all existing structures
on the site, distances from lot lines and the established street and roadway
locations, and it shall be drawn in accordance with an accurate boundary line
survey. In the case of demolition, the plot plan shall show all construction
to be demolished and the location and size of all existing buildings and construction
that are to remain on the site or plot.
F.
Engineering details. The CEO may require adequate details
of structural, mechanical and electrical work, including computations, stress
diagrams, lot grades and other essential technical data, to be filed. All
engineering plans and computations shall bear the signature of the engineer
or architect responsible for the design.
G.
Amendments to application. Subject to the time limitations
stated herein, amendments to a plan or application or other records accompanying
the same may be filed at any time before completion of the work for which
the permit is sought or issued, and such amendments shall be deemed part of
the original application and shall be filed therewith.
H.
Time limitation of application. An application for a
permit for any proposed work shall be deemed to have been abandoned six months
after date of filing unless such application has been diligently prosecuted
or a permit shall have been issued, except that for reasonable cause, the
CEO may grant one or more extensions of time for additional periods not exceeding
90 days each.
I.
Compliance with other local, state and federal regulations.
[Added 12-13-1993 by Ord. No. 532]
(1)
In addition to the above-mentioned criteria for a permit
application, every applicant shall provide proof of compliance with all other
applicable local, state and federal ordinances, laws and regulations at the
time of application. Such regulations shall include, but by no means be limited
to:
(a)
A permit for connection to the municipal sewage collection
system.
(e)
Approvals and or permits under the Honesdale Borough
Highway Occupancy Ordinances.
(h)
Sewage disposal permits as issued by the Honesdale Borough
Sewage Enforcement Officer under the Department of Environmental Protection
sewage regulations.
(i)
Any of the Department of Environmental Protection regulations
for air quality, community environmental control, mining and reclamation,
waste management and water quality management.
(j)
The Pennsylvania Department of Transportation regulations
for access to a state highway.
(k)
The Pennsylvania Department of Labor and Industries regulations
for fire and panic.
(2)
No permit to construct, permit to change the use of a
premises nor license to operate a business shall be issued by the municipality
until proof of compliance with the above and all other applicable regulations
in a form acceptable to the municipality has been submitted with the permit
application. Failure to submit such proof of compliance shall constitute an
incomplete application, and said application shall be returned to the applicant
or shall not be acted on by the permitting official until such time as the
required material has been submitted. The permitting official shall inform
the applicant, in writing, of any additional permits or information which
is required to complete the permit application for each specific application.
A.
Action on application. The CEO shall examine or cause
to be examined all applications for permits and amendments thereto. If the
application or the plans do not conform to the requirements of all pertinent
laws, the CEO shall reject such application in writing, stating the reasons
therefor. If the CEO is satisfied that the proposed work conforms to the requirements
of the codes and all laws and ordinances applicable thereto, the CEO shall
issue a permit therefor as soon as is practicable. The CEO may reject said
application on a basis of inaccurate cost estimates. Rejection or approval
shall be within 15 days after receipt of the application.
B.
Suspension of permit. Any permit issued shall become
invalid if the authorized work is suspended or abandoned for a period of six
months after the time of commencing the work.
C.
Previous approvals. Nothing in this article or in the
codes shall require changes in the plans, construction or designated use of
a building for which a lawful permit has been heretofore issued or otherwise
lawfully authorized and the construction of which shall have been actively
prosecuted within 90 days after the effective date of this article, and the
entire building shall be completed as authorized within two years after the
date of approval of the application.
D.
Signature to permit. The CEO shall attach his or her
signature to every permit or the CEO may authorize a Deputy to affix such
signature thereto.
E.
Approved plans. The CEO shall endorse, in writing, both
sets of corrected plans "approved," and one set of such approved plans shall
be retained by the CEO and the other set shall be kept at the building site,
open to inspection by the CEO or a Deputy at all reasonable times.
F.
Revocation of permits. The CEO may revoke a permit issued
under the provisions of this article in case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit was based.
G.
Approval in part. The CEO may issue a permit for the
construction of foundations or any other part of a building or structure before
the entire plans and specifications for the whole building have been submitted,
provided that adequate information and detailed statements have been filed
complying with all the pertinent requirements of this article. The holder
of such permit for the foundations or other part of a building or structure
shall proceed at his or her own risk with the building operation and without
assurance that a permit for the entire structure will be granted.
H.
Posting of permit. A true copy of the permit shall be
kept on the site of operations, open to public inspection, during the entire
time of prosecution of the work and until the completion of the same.
I.
Notice of start. At least 24 hours' notice of the
start of work under a permit shall be given to the CEO.
A.
Payment of fees. No permit shall be issued until the
fees prescribed herein have been paid.
B.
Compliance with codes. The permit shall be a license
to proceed with the work and shall not be construed as authority to violate,
cancel or set aside any of the provisions of this article or the codes, except
as specifically stipulated by modification or legally granted variation as
described in the application.
C.
Compliance with permit. All work shall conform to the
approved application and plans for which the permit has been issued and any
approved amendments thereto.
D.
Compliance with plot plan. All new work shall be located
strictly in accordance with the approved plot plan.
E.
Change in plot plan. No plan or lot or plot shall be
changed, increased or diminished in area from that shown on the official plot
plan unless a revised diagram showing such changes, accompanied by the necessary
affidavit of owner or applicant, shall have been filed and approved, except
that such revised plot plan will not be required if the change is caused by
reason of an official street opening, street widening or other public improvement.
A.
Form of application. The application shall be submitted
in such form as the appointing authority shall prescribe and shall be accompanied
by the required fee as prescribed herein.
B.
By whom application is made. The application shall be
submitted by the owner or lessee of the building or structure or agent of
either, provided that such agent provides an affidavit certifying the appointment
as agent in this matter. In any case, the name and address of the legal owner
shall be denoted on the application.
A.
Action on applications. The CEO shall examine or cause
to be examined all applications and shall either accept or reject said application,
with notice to the applicant of such action within 15 days after receipt of
the same. Acceptance or rejection shall be based upon conformity to this article
and the codes.
B.
Acceptance. Notice of acceptance as herein defined shall
be transmitted to the applicant in the form of the applicable license or certificate
of approval.
C.
Rejection. Notice of rejection as herein defined shall
be transmitted to the applicant in the form of written notice describing the
reason for such rejection.
D.
Signature. The CEO or Deputy shall attach his or her
own signature to each license and each certificate of approval and to each
rejection notice issued.
E.
Revocation of license or certificate of approval. The
CEO may revoke any license or certificate of approval issued in case of any
false statement or misinterpretation of fact on the application on which said
license or certificate of approval was issued or in case of any license failing
to comply with the provisions applicable to said license in the Fire Code.[1]
F.
Proof of license or certificate of approval. The person
or firm to whom or which a license or certificate of approval has been issued
shall, upon request of the CEO or Deputy, verify the existence of said license
or certificate of approval by displaying the same to the CEO or Deputy.
A.
When fees are required. No permit, license or certificate
of use shall be issued until the fees prescribed herein shall have been paid,
nor shall an amendment to a permit necessitating an additional fee because
of an increase in the estimated size or amount of work involved be approved
until the additional fees shall have been paid.
[Amended 12-13-1993 by Ord. No. 532]
B.
Special fees. The payment of the fee in connection with
a permit, license and/or certificate of approval shall not relieve the applicant
from the payment of other fees that may be prescribed by law or ordinance
for zoning permits, sewer connections, electrical permits or fees for inspection,
certificates of use and occupancy or other privileges or requirements, both
within and without the jurisdiction of the Office of Code Enforcement.
C.
Accounting. The CEO shall keep an accurate account of
all fees collected, and such collected fees shall be deposited at least monthly
in the municipal treasury.
D.
Refunds. In the case of a revocation of a permit or abandonment
or discontinuance of a building project, the work actually completed shall
be computed, and any excess fee for the incomplete work shall be returned
to the permit holder, except that all penalties that may have been imposed
on the permit holder under the requirements of this article shall first be
collected. Such computation shall be based upon the ratio of cost actually
accrued by the project to the total estimated cost. No refunds shall be allowed
for licenses or certificates of approval.
E.
Permit and license fees.
(1)
Permit and license fees shall be as set forth from time
to time by resolution of the Borough Council. The current schedule of fees
for permits and licenses adopted pursuant to this article shall be posted
in the borough offices.
(2)
Permit fees shall cover inspection for compliance with Chapter 210, Zoning, actual usage of the structure, certificate of use and/or license to conduct business upon completion.
(3)
It shall be the responsibility of the applicant to pay
for all inspections and inspection reports as required under the codes of
the Borough of Honesdale.
(4)
Estimated costs of projects shall be listed in the application
for a permit, and the CEO shall reject an application on the basis of excessively
inaccurate cost estimation. The applicant may appeal said rejection to the
Code Hearing Board.
F.
License. A fee as set forth from time to time by resolution
of the Borough Council shall be required for a license to conduct certain
business operations, said license to be valid for five years from the date
of issuance.[3]
[1]
Editor's Note: The current Fee Schedule can be found on file
in the borough offices.
A.
New buildings. No building hereafter erected shall be
used or occupied in whole or in part until the certificate of use and occupancy
shall have been issued by the CEO.
B.
Buildings hereafter altered. No building hereafter enlarged,
extended or altered, in whole or in part, and no building hereafter altered
for which a certificate of use and occupancy has not been heretofore issued
shall be occupied or used until the certificate shall have been issued by
the CEO, certifying that the work has been completed in accordance with the
provisions of the approved permit, except that any use or occupancy which
was not discontinued during the work of alteration shall be discontinued within
30 days after the completion of the alteration unless the required certificate
is secured.
C.
Existing buildings. Upon written request from the owner
of an existing building, the CEO shall issue a certificate of use and occupancy,
provided that there are no violations of law or orders of the CEO pending
and it is established after inspection and investigation that the alleged
use of the building has heretofore existed. Nothing in this article or the
codes shall require the removal, alteration or abandonment of or prevent the
continuance of the use and occupancy of a lawfully existing building, unless
such use is deemed to endanger public safety and welfare.
D.
Temporary occupancy. Upon the request of the holder of
a permit, the CEO may issue a temporary certificate of occupancy for a building
or structure or part thereof before the entire work covered by the permit
shall have been completed, provided that such portion or portions may be occupied
safely prior to full completion of the building without endangering life or
public welfare.
E.
Contents of certificate. When a building or structure
is entitled thereto, the CEO shall issue a certificate of use and occupancy
within 10 days after written applications. The certificate shall certify compliance
with the provisions of this article.
A.
Condemnation. Structures shall be condemned as dangerous
structures or unsafe for human occupancy as herein provided.
B.
Dangerous structures. If all or part of any building
or structure (including, among others, a fence, billboard or sign) or the
equipment for the operation thereof (including, among others, the heating
plant, plumbing, electric wiring, moving stairways, elevators and fire-extinguishing
apparatus) shall be found, in the opinion of the CEO, to be in an unsafe condition,
i.e., dangerous to life, limb or property, the CEO shall proceed to have the
same condemned pursuant to the applicable provisions of codes of the municipality
pertaining to unsafe structures.[2]
C.
Structures unfit for human occupancy. Whenever the CEO
finds that any structure constitutes a hazard to the safety, health or welfare
of the occupants or to the public because it lacks maintenance or is in disrepair
or is unsanitary, vermin-infested or rodent-infested or because it lacks the
sanitary facilities or equipment or otherwise fails to comply with the minimum
provisions of this code, but has not yet reached such state of complete disrepair
as to be condemned as a dangerous structure as hereinbefore provided, the
CEO may declare such structure as unfit for human occupancy and order it to
be vacated. If any structure or any part thereof is occupied by more occupants
than permitted under this code or was erected, altered or occupied contrary
to law, such structure shall be deemed an unlawful structure and the CEO may
cause such structure to be vacated. It shall be unlawful to again occupy such
dwelling until it or its occupation, as the case may be, has been made to
conform to the law.
E.
Posting of notice. Any structure declared as unfit for
human occupancy shall be posted with a placard by the CEO. The placard shall
include the following:
(1)
The name of the municipality.
(2)
The name of the authorized office having jurisdiction.
(3)
The chapter and section of the code under which it is
issued.
(4)
An order that the structure, when vacated, must remain
vacant until the provisions of the order are complied with and the order to
vacate is withdrawn.
(5)
The date that the placard is posted.
(6)
A statement of the penalty for defacing or removing the
placard.
F.
Form of notice. Whenever the CEO has declared a structure
as unfit for human occupancy, the CEO shall give notice to the owner of such
declaration and placarding of the structure as unfit for human occupancy.
Such notice shall:
G.
Service of notice. Service of notice to vacate shall
be as follows:
(1)
By delivery to the owner personally or by leaving the
notice at the usual place of abode of the owner with a person of suitable
age and discretion; or
(2)
By certified or registered mail addressed to the owner
at the last known address with postage prepaid thereon; and
(3)
By posting and keeping posted for 24 hours a copy of
the notice in placard form in a conspicuous place on the premises to be vacated.
H.
Removal of placard or notice. No person shall deface
or remove the placard from any structure which has been declared or placarded
as unfit for human habitation, except by authority in writing from the CEO.
I.
Vacating of declared building. Any structure which has
been declared and placarded as unfit for human occupancy by the CEO shall
be vacated within a reasonable time, as required by the CEO, and it shall
be unlawful for any owner or operator to let any person enter, except for
purposes of making required repairs or demolition of said structure, and no
person shall occupy any structure which has been declared or placarded by
the CEO as unfit for human occupancy after the date set forth in the placard.
J.
Occupancy of building. No structure which has been declared
or placarded as unfit for human occupancy shall again be used for human occupancy
until written approval is secured from the CEO. The CEO shall remove such
placard whenever the defect or defects upon which the declaration and placarding
action were based have been eliminated.
K.
Report of notice to vacate. The CEO shall furnish a copy
of each notice to vacate a building to the Chief of Police, the Chief of the
Fire Department, the Borough Solicitor and the Borough Secretary.
A.
Notice. Notice of violation shall be served upon the
owner of record, provided that such notice shall be deemed to be properly
served upon such owner if a copy thereof is delivered to the owner personally
or, if not found, by leaving a copy thereof at the usual place of abode of
the owner with a person of suitable age and discretion who shall be informed
of the contents thereof or by sending a copy thereof by mail to the last known
address or, if the letter with the copy is returned, showing it has not been
delivered, by posting a copy thereof in a conspicuous place in or about the
structure affected by the notice.
B.
Service of notice. Whenever the CEO determines that there has been or is a violation or that there are reasonable grounds to believe that there has been or is a violation of any provision of § 85-23, the CEO shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:
C.
Prosecution of violation. In case any violation order
is not promptly complied with, the CEO may request the legal representative
to institute an appropriate action or proceeding at law or in equity against
the person responsible for the violation, ordering such person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work.
(2)
To restrain or correct the erection, installation or
alteration of such building.
(3)
To require the removal of work in violation.
(4)
To prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of § 85-23 or in violation of a plan or specification under which an approval, permit or certificate was issued.
(5)
To enforce the penalty provisions of this article.
D.
Notice of violation. The CEO shall serve a notice of
violation or order on the person responsible for the violation of the provisions
of this article, and such order shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
E.
Prosecution of violation. If the notice of violation
is not complied with promptly, the CEO shall request the legal counsel of
the municipality to institute the appropriate proceeding at law or in equity
to restrain, correct or abate such violation or to require the removal or
termination of the unlawful use of the building or structure in violation
of the provisions of this article or of the order or direction made pursuant
thereto.
F.
Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the legal officer of the municipality
from instituting appropriate action to prevent unlawful construction or to
restrain, correct or abate a violation or to prevent illegal occupancy of
a building, structure or premises or to stop an illegal act, conduct, business
or use of a building or structure in or about any premises.
A.
Notice to owner. Upon notice from the CEO that work on
any building or structure is being prosecuted contrary to the provisions of
this article or the codes or in an unsafe and dangerous manner, such work
shall be immediately stopped. The stop-work order shall be in writing and
shall be given to the owner of the property involved or to the owner's
agent or to the person doing the work and shall state the conditions under
which work may be resumed.
B.
Unlawful continuance. No person shall continue any work
in or about the building after having been served with a stop-work order,
except such work as he or she is directed to perform to remove a violation
or unsafe conditions.
A.
Right of condemnation. All premises, buildings or structures
that are or hereafter shall become unsafe, unsanitary or deficient in adequate
exitway facilities or which constitute a fire hazard or are otherwise dangerous
to human life or the public welfare or by reason of illegal or improper use,
occupancy or maintenance shall be deemed unsafe premises, buildings or structures.
All unsafe buildings shall be taken down and removed or made safe and secure,
as the CEO may deem necessary and as provided for. A vacant building unguarded
or open at door or window shall be deemed a fire hazard and unsafe within
the meaning of the codes.
B.
Examination and record of damaged building. The CEO shall, as provided in § 85-12B herein, examine every premises, building or structure reported as dangerous, unsafe structurally or constituting a hazard, and the CEO shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building and the nature and estimated amount of damages, if any, caused by collapse or failure.
C.
Notice of unsafe building. If an unsafe condition is
found on a premises or in a building or structure, the CEO shall serve on
the owner, agent or person in control of the premises, building or structure
a written notice describing the premises, building or structure deemed unsafe
and specifying the required repairs or improvements to be made to render the
premises, building or structure safe and secure or requiring the unsafe building
or structure or portion thereof to be demolished within a stipulated time.
Such notice shall require the person thus notified to declare, within 48 hours,
to the CEO, the acceptance or rejection of the terms of the order.
D.
Restoration of unsafe building. A building or structure
condemned by the CEO may be restored to safe condition, except that if the
damage or cost of reconstruction or restoration to a safe condition is in
excess of 50% of its replacement value exclusive of foundations, such building
shall be made to comply in all respects with the requirements for materials
and methods of construction of buildings hereafter erected.
E.
Posting unsafe notice. If the person addressed with an
unsafe notice cannot be found within the city after diligent search, then
such notice shall be sent by registered or certified mail to the last known
address of such person, and a copy of the unsafe notice shall be posted in
a conspicuous place on the premises, and such procedure shall be deemed the
equivalent of personal notice.
F.
Disregard of unsafe notice. Upon refusal or neglect of
the person served with an unsafe notice to comply with the requirements of
the order to abate the unsafe condition, the proper legal official of the
municipality shall be advised of all the facts, and said official shall institute
the appropriate action to compel compliance.
A.
Vacating buildings. When, in the opinion of the CEO,
there is actual and immediate danger of failure or collapse of a building
or structure or any part thereof which would endanger life or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the building, the CEO is hereby authorized and empowered to order and require
the inmates and occupants to vacate the same forthwith. The CEO shall cause
to be posted at each entrance to such building a notice reading as follows:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE
CODE ENFORCEMENT OFFICIAL, and it shall be unlawful for any person to enter
such building or structure, except for the purpose of making the required
repairs or of demolishing the same.
B.
Temporary safeguards. When, in the opinion of the CEO,
there is actual and immediate danger of collapse or failure of a building
or structure or any part thereof which would endanger life, the CEO shall
cause the necessary work to be done to render such building or structure or
part thereof temporarily safe, whether or not the legal procedure herein described
has been instituted.
C.
Closing streets. When necessary for the public safety,
the CEO may temporarily close sidewalks, streets, buildings and structures
and places adjacent to such unsafe buildings and prohibit the same from being
used.
D.
Emergency repairs. For the purposes of this section,
the CEO shall employ the necessary labor equipment and materials to perform
the required work as expeditiously as deemed necessary.
E.
Costs of emergency repairs. Costs incurred in the performance
of emergency work shall be paid from the municipal treasury or certificate
of the CEO, and the legal authority of the municipality shall institute appropriate
action against the owner of the premises where the unsafe building or structure
was located for the recovery of such costs.
[1]
Editor's Note: Former § 85-28, Board of Survey, was
repealed 8-11-2003 by Ord. No. 595.
[1]
Editor's Note: Former § 85-29, Code Hearing Board,
was repealed 8-11-2003 by Ord. No. 595.
A.
Waiver of examination and inspection. When plans for
the erection or alteration of a building are prepared by a licensed professional
engineer or registered architect which contemplate structural work or structural
changes involving public safety or health and such plans are accompanied by
an affidavit of the applicant that the applicant has supervised the preparation
of the architectural, structural and mechanical design plans and that the
applicant will supervise or check all working drawings and shop details for
the construction and that the structure will be built under field supervision
of the applicant in accordance with the approved plans and that such plans
conform to all the provisions and that all the material used in the construction
will be controlled materials as defined in the codes, the CEO may waive examination
of the plans and field inspection of the construction and may issue a permit
for the performance of the work.
B.
Qualified supervisor. The licensed or registered professional
engineer or architect shall be qualified by experience and training in the
particular field of construction involved in the building project under consideration.
C.
Verified report. Before the issuance of the certificate
of use and occupancy for such building, the licensed professional engineer
or registered architect who prepared and filed the original plans and who
supervised the erection of the building shall file a verified report that
the structure has been erected in accordance with the approved plans, and
as erected the building complies in all respects with the codes and all other
laws governing building construction, except as to the specific variations
legally authorized under the provisions of this article or the codes and as
specifically noted in the verified report and cited in the certificate of
use and occupancy.
D.
Special technical services. When applications for unusual
designs of magnitude of construction are filed, the CEO may refer such plans
and specifications to the Plan Review Service of the Building Officials and
Code Administrators International, Inc. for advice and recommendations as
to their safety of design and compliance with the codes or the CEO may, with
the consent of the municipality, retain a licensed engineer or registered
architect to examine such application for a specific building operation with
respect to safety and conformance to statutory requirements. Such employed
engineer or architect may be employed to supervise the construction in the
field to secure compliance with the approved plans and permit, and upon completion
of the work, said supervising person and the builder shall file with the CEO
a verified report to the effect that the building has been erected in accordance
with accepted engineering practice and in conformity to all the statutory
provisions governing building construction.
[Amended 12-8-1997 by Ord. No. 564]
A person or member of a partnership or corporation who shall violate
any provision of this article or who shall fail to comply with any requirements
hereof or who shall maintain a premises or who shall erect, construct, alter,
repair or demolish a building or structure in violation of this article or
of a permit or certification issued under the provisions of this article shall,
upon conviction thereof in a summary proceeding, be sentenced to pay a fine
of not more than $1,000, plus costs of prosecution, and in default of payment
of such fine and costs to imprisonment for not more than 30 days. Each day
that a violation is continued shall constitute a separate offense. All fines
collected for the violation of this article shall be paid over to the Borough
of Honesdale.
A.
Conflict. Whenever there is a conflict between any local
ordinances and state laws, the more stringent shall prevail.
B.
Authorizing legislation. Any building or housing or part
thereof erected, altered, extended, reconstructed or removed contrary to any
of the provisions of any ordinance passed for any of the purposes specified
in this article is declared to be a public nuisance and
[Adopted 12-8-1997 by Ord. No. 564]
The Code of the Borough of Honesdale, as amended, shall hereinafter
be enforced not only by those named in the individual chapter, but also by
those various gencies or individuals as so designated by the Borough of Honesdale.
