A.
Duties of the Code Enforcement Officer.
(1)
The duty of administering and enforcing the provisions of this chapter
is hereby conferred upon the Code Enforcement Officer. The Code Enforcement
Officer shall administer this chapter in accordance with its provisions
and expressed legislative intent.
(2)
The duties of the Code Enforcement Officer shall be as follows:
(a)
To examine all applications for permits;
(b)
To issue permits for construction and uses which are in accordance
with the regulations of this chapter and other applicable ordinances
of the Borough;
(c)
To record and file all applications for permits with the accompanying
plans and documents;
(e)
To receive all required fees;
(f)
To issue all necessary stop orders where it is determined that
the terms of this chapter or other Borough ordinances, or the conditions
for issuing the permit, are being violated;
(g)
To inspect regularly all areas of the Borough to determine that
there are no blatant violations of this chapter and to review the
validity of any reported zoning violations; and
(h)
Upon the request of the Borough Council, Planning Commission
or of the Zoning Hearing Board, to present such body of facts, records,
and any similar information on specific requests to assist the Planning
Commission in reaching its final decision.
B.
Appeal. Any appeal from a decision or action of the Code Enforcement
Officer shall be made directly by a party of interest to the Zoning
Hearing Board, and such appeal shall be made within 30 days after
the permit is issued or denied by the Code Enforcement Officer.
C.
Complaints regarding violations. Whenever a violation of this chapter
is alleged to have occurred, any person may file a written and signed
complaint. Such complaint shall state fully the causes and basis thereof,
and shall be filed with the Code Enforcement Officer. He shall record
promptly such complaint and immediately investigate and take action
thereon as provided by this chapter.
D.
Notification of violation. If the Code Enforcement Officer shall
find that any of the provisions of this chapter are being violated,
he shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation, and order the action necessary
to correct it or, where the violation threatens the public health,
safety or general welfare, issue an immediate stop order.
E.
Conditions for grant of permits. No permit of any kind as provided
for in this chapter shall be granted by the Code Enforcement Officer
for any purpose except in compliance with the provisions of this chapter
or a decision of the Zoning Hearing Board or courts of competent jurisdiction.
F.
Enforcement remedies. In case any building, structure, or land is
or is proposed to be erected, constructed, reconstructed, altered,
converted, maintained, or used in violation of this chapter, the Borough
Council or, with the approval of the Borough Council, the Code Enforcement
Officer, in addition to other remedies, may institute, in the name
of the Borough, any appropriate action or proceeding to prevent, restrain,
correct, or abate such building, structure, or land or to prevent,
in or about such premises, any act, conduct, business or use constituting
a violation.
A.
Requirements of permits. A permit shall be required prior to the
erection or alteration of any building, structure or portion thereof,
including signs, prior to the use or change in use of a building or
land and prior to the change or extension of a nonconforming use.
B.
Application for permits. Applications for permits shall be made to
the Code Enforcement Officer on such forms as may be furnished by
the Borough. Each application shall contain all information necessary
to ascertain whether the proposed erection, alteration, use or change
in use complies with the provisions of this chapter.
C.
No building or use permit shall be issued until the proposed building
or alteration and the proposed use of the property complies with all
the provisions of this chapter.
D.
Expiration of permits. Permits for the erection, razing, change,
alteration, or removal of a building shall be valid or effective for
a period of six months from the date of issuance thereof and shall
thereafter be void, unless the work authorized by such permit shall
have been substantially commenced within that period and continues
with due diligence from that time forward. In no event shall a zoning
permit be construed to authorize the development activities for more
than a three-year period of time, after which time a new permit must
be obtained. If, however, the applicant has been delayed in proceeding
with the work for which the permit was granted for reasons beyond
his or her control, and demonstrably not due to his or her own negligence,
at the discretion of the Code Enforcement Officer, the permit may
be renewed without additional cost to the applicant.
E.
Certificate of occupancy.
(1)
Upon completion of the erection or alteration of any building or
portion thereof authorized by any permit obtained in compliance with
this chapter, and prior to occupancy or use, the holder of the permit
shall notify the Code Enforcement Officer of completion. No permit
shall be considered complete or permanently effective, nor shall any
building be occupied or lot used, until the Code Enforcement Officer
has issued a certificate of occupancy certifying that the work has
been inspected and approved as being in conformity with the permit
and the provisions of this chapter and other applicable ordinances.
(2)
A certificate of occupancy shall be granted or denied within 30 days
from the date of application.
F.
Temporary permits. A temporary permit may be authorized by the Zoning
Hearing Board as a special exception for a nonconforming structure
or use which it deems necessary to promote the proper development
of the community, provided that such nonconforming structure or use
shall be completely removed upon expiration of the permit without
cost to the Borough. Such a permit shall be issued for a specified
period of time not more than two years.
A.
Fees.
(1)
Fees required in the administration of this chapter shall be paid
in accordance with the provisions of the Borough's adopted Building
Code[1] or a fee schedule adopted by the Borough Council and shall
be paid into the Borough treasury. Each applicant for a permit, appeal,
special exception, variance, or amendment shall, at the time of making
application, pay the fee as established, which must be reasonably
related to the cost of administration and of advertising, mailing
notices and transcribing testimony.
(2)
Permits awarded via special exception and variance procedures shall
be issued only after all applicable fees have been paid in full, and
the Zoning Hearing Board shall take no action on appeals until preliminary
charges have been paid in full.
B.
Penalties. For any and every violation of the provisions of this
chapter, the owner, general agent or contractor of a building or premises
where such violation has been committed or shall exist and the lessee
or tenant of an entire building or the entire premises where such
violation has been committed or shall exist and the owner, general
agent, contractor, lessee or tenant of any part of a building or premises
in which part such violation has been committed or shall exist and
the general agent, architect, builder, contractor or any other person
who knowingly commits, takes part in or assists in any such violation
or who maintains any building or premises in which any such violation
shall exist shall be liable, upon conviction thereof, to a fine or
penalty not exceeding $500 for each and every offense. Wherever such
persons shall have been officially notified by the Code Enforcement
Officer or by service of a summons in a prosecution, or in any other
official manner, that he is committing a violation of this chapter,
each day's continuance of such violation after such notification shall
constitute a separate offense punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are collected by the Borough.
