Application for such a building permit shall be made, in writing,
to the Building Official on forms supplied by the Borough. Such application
shall contain at least the following:
A.
The name and address of the applicant.
B.
The name and address of the owner of the land on which
the proposed construction is to occur.
C.
The name and address of the contractor.
D.
The site location.
E.
A brief description of the proposed work and estimated
cost.
F.
A plan of the site showing the exact size and location
of the proposed construction, as well as any existing buildings or
structures.
The Building Official shall issue a building
permit only after it has been determined that the proposed work to
be undertaken will be in conformance with the requirements of this
chapter and all other applicable codes and ordinances.
A.
Prior to any proposed alteration or relocation of
any stream or any watercourse, etc., within the municipality, a permit
shall be obtained from the Department of Environmental Protection,
Dams and Encroachment Division, as specified in the Water Obstruction
Act of 1913, as amended.[1] Further, notification of the proposal shall be given to
all affected adjacent municipalities. Copies of such notifications
shall be forwarded to both the Federal Insurance Administration and
the Department of Community and Economic Development.
[1]:
Editor's Note: See now 32 P.S. § 693.1 et seq.
B.
Under no circumstances shall any use, activity and/or
development adversely affect the capacity of the channels or floodways
of any watercourse, drainage ditch or any other drainage facility
or system.
After the issuance of a building permit by the
Building Official, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Building Official.
In addition to the building permit, the Building
Official shall issue a placard, which shall be displayed on the premises
during the time construction is in progress. This placard shall show
the number of the building permit and the date of its issuance and
be signed by the Building Official.
Work on the proposed construction shall begin
within six months after the date of issuance of the building permit
or the permit shall expire, unless a time extension is granted, in
writing, by the Building Official. Construction shall be considered
to have started with the first placement of permanent construction
on the site, such as the pouring of slabs or footings or any work
beyond the state of excavation. For a structure without a basement
or poured footings, the start of construction includes the first permanent
framing or assembly of the structure or any part thereof on its pilings
or foundation or the affixing of any prefabricated structure or mobile
home to its permanent site. Permanent construction does not include
land preparation, land clearing, grading, filling, excavation for
basement footings, piers, or foundations, erection of temporary forms,
the installation of pilings under proposed subsurface footings, or
the installation of sewer, gas and water pipes or electrical or other
service lines from the street.
During the construction period, the Building
Official, or other authorized officials, may inspect the premises
to determine that the work is progressing in compliance with the information
provided on the permit application and with all applicable Borough
laws and ordinances or that there has not been a false statement or
misrepresentation by any applicant. If the inspection determines that
there has been a violation, then the Building Official shall revoke
the building permit and report such fact to the Borough Council for
whatever action it thinks necessary.
A.
Notices. Whenever the Building Official or other authorized
municipal representatives determine that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter, or of any regulations adopted pursuant thereto, such authority
shall give notice of such alleged violation as hereinafter provided.
Such notice shall:
(1)
Be
in writing.
(2)
Include
a statement of the reasons for its issuance.
(3)
Allow
a reasonable time for the performance of any act it requires.
(4)
Be
served upon the property owner or his agent, as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any other method authorized or
required by the laws of this state.
(5)
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter, or any part thereof, and with
the regulations adopted pursuant thereto.
B.
Hearings. Any person affected by any notice which
has been issued in connection with the enforcement of any provisions
of this chapter, or of any regulation adopted pursuant thereto, may
request and shall be granted a hearing on the matter before the Borough
Council, provided that such person shall file with the Borough Council
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the notice
was served. The filing of the request for a hearing shall operate
as a stay of the notice and the permit suspension. Upon receipt of
such petition, the Borough Secretary shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice shall be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Borough Secretary may postpone the date of the
hearing for a reasonable time beyond such ten-day period when, in
his/her judgment, the petitioner has submitted good and sufficient
reasons for such postponement.
C.
Findings and order. After such hearing, Borough Council
shall make findings as to compliance with the provisions of this chapter
and regulations issued thereunder and shall issue an order, in writing,
sustaining, modifying or withdrawing the notice, which shall be served
as provided in Subsection A of this section.
D.
Record of hearing. The proceedings at such a hearing,
including the findings and decision of the Council, and together with
a copy of every notice and order related thereto, shall be entered
as a matter of public record in the Borough, but the transcript of
the proceedings need not be transcribed unless judicial review of
the decision is sought as provided by this section.
Any person who fails to comply with any or all
of the requirements or provisions of this chapter or who fails or
refuses to comply with any notice, order or direction of the Building
Official or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
the Borough of Mars of not more than $300, plus costs of prosecution.
In default of such payment, such person shall be imprisoned in the
county prison for a period not to exceed 90 days. Each day during
which any violation of this chapter continues shall constitute a separate
offense. In addition to the above penalties, all other actions are
hereby reserved, including an action in equity for the proper enforcement
of this chapter. The imposition of a fine or penalty for any violation
of or noncompliance with this chapter shall not excuse the violation
or noncompliance or permit it to continue, and all such persons shall
be required to correct or remedy such violation and noncompliance
within a reasonable time. Any structure or building constructed, reconstructed,
enlarged, altered, or relocated in noncompliance with this chapter
may be declared by the Borough Council to be a public nuisance and
abatable as such.
A.
Any person aggrieved by an action or decision of the
Building Official, or by any of the requirements of this chapter,
may appeal to the Borough Council. Such appeal must be filed, in writing,
within 30 days after the decision or action of the Building Official.
Upon receipt of such appeal, the Council shall set a time and place,
within not less than 10 nor more than 30 days, for the purpose of
hearing the appeal. Notice of the time and place of the hearing of
the appeal shall be given to all parties, at which time they may appear
and be heard.
B.
Any person aggrieved by any decision of the Borough
Council may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this commonwealth.
