[HISTORY: Adopted by the City Council of the City of Harrisburg 6-22-2004 by Ord. No. 19-2004. Amendments noted where applicable.]
The City of Harrisburg hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 to 7210.1103, as amended from time to time, and its regulations. The Uniform Construction Code, as contained in 34 Pa. Code Chapters 401 to 405, as amended from time to time, is hereby adopted and incorporated herein by reference as the City of Harrisburg Construction Code.
All building code ordinances or portions of ordinances which were adopted by the City of Harrisburg on or before July 1, 1999, and which equal or exceed the requirements of this Uniform Construction Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of this code, as amended from time to time.
All building code ordinances or portions of ordinances which are in effect as of the effective date of this chapter and whose requirements are less than the minimum requirements of this code are hereby amended to conform with the comparable provisions of this code.
All relevant ordinances, regulations and policies of the City of Harrisburg not governed by this Uniform Construction Code shall remain in full force and effect.
The City of Harrisburg Department of Building and Housing Development, Bureau of Codes Enforcement, or any other department, bureau or division of the City designated by the Mayor, shall administer and enforce this Uniform Construction Code or any part thereof, and the executive official in charge thereof shall be appointed by the Mayor and shall be known as the "Codes Administrator."
Fees assessable by the City of Harrisburg for the enforcement of the fire and panic provisions and preliminary plan review pursuant to this code shall be as follows:
All other fees assessable by the City of Harrisburg for the administration and enforcement undertaken pursuant to this Uniform Construction Code shall be as set forth in the applicable provisions of this Title 8.
Any person, firm, corporation, association, or other entity aggrieved by a ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this Uniform Construction Code may appeal the ruling, decision or action complained of to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-501.
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this Uniform Construction Code, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved in accordance with this code or any certificate of approval issued thereto and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City shall, upon conviction thereof, severally and for each violation and noncompliance, respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County Prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each day that the prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device or any other remedy at law or equity available to the City for enforcement of this code.
Upon conviction for a violation of any provision of this chapter pursuant to Subsection A, in addition to any fines, fees or penalties levied in accordance with Subsection A, an additional neighborhood mitigation penalty shall be levied in the amount of $25. All such penalties levied and collected by any division of the Unified Judicial System existing under Section 1 of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.A. § 301 shall be remitted to the City for deposit into the Neighborhood Mitigation Fund for the purpose of funding mitigation exercises performed by the City on private properties, including but not limited to demolitions, cleanups, clean and seals and light repairs. If the fine is paid on installments, the proportionate amount of the neighborhood mitigation penalty shall be remitted on each installment.