[HISTORY: Adopted by the Borough Council of the Borough of Collingdale as indicated in article histories. Amendments noted where applicable.]
Salaries and compensation — See Ch. 86.
[Adopted 10-5-1970 by Ord. No. 422; amended in its entirety 10-5-1987 by Ord. No. 568 (Ch. 1, Part 1A, of the 1987 Code of Ordinances)]
The office of Borough Manager is hereby created by the Borough Council.
The Manager shall be appointed for an indefinite term by a majority of all members of the Borough Council. The Manager shall serve at the pleasure of the Borough Council, and he may be removed at any time by a majority vote of all its members. At least 30 days before such removal is to become effective, the Borough Council shall furnish the Manager with a written statement setting forth its intention to remove him.
The Manager shall be chosen solely on the basis of executive and administrative abilities, with special reference to the duties of the office as herein outlined.
Before entering upon his duties, the Manager shall give a bond in an amount to be determined from time to time by Borough Council, conditioned upon the faithful performance of his duties, the premium for said bond to be paid by the Borough of Collingdale.
The salary of the Borough Manager shall be fixed from time to time by the Borough Council.
[Amended 10-5-1998 by Ord. No. 621]
The Manager shall be the chief administrative officer of the Borough of Collingdale and shall be responsible to the Borough Council as a whole for the proper and efficient administration of the affairs of the Borough placed in his charge. The powers and duties for administration of all Borough business shall be vested in the Manager, unless expressly imposed or conferred by statute or ordinance upon other Borough officers.
Subject to recall by ordinance of the Borough of Collingdale, the powers and duties of the Borough Manager shall include the following:
Supervise and be responsible for the activities of all municipal departments.
Subject to the approval of Council, hire and, when necessary for the good of the Borough, suspend or discharge any employee under his supervision, provided that persons covered by the civil service provisions of the Borough Code shall be hired, suspended or discharged in accordance with such provisions, and provided further that the Manager shall report at the next meeting thereafter of the Borough Council any action taken by authority of this subsection.
Fix wages and salaries of all personnel under his supervision, subject to prior approval by Borough Council.
Prepare and submit to the Borough Council a budget for the next fiscal year and an explanatory budget message in such a timely fashion as will enable the Borough Council to consider and adopt the budget and related tax ordinances according to the requirements of law. In preparing the budget, the Manager or an officer designated by him shall obtain from the head of each department, agency or board, or any qualified officer thereof, estimates of revenues and expenditures and such other supporting data as is required. The Manager shall review such estimates and may revise them before submitting the budget to the Borough Council.
Be responsible for the administration of the budget after its adoption by the Borough Council.
Develop, in conjunction with the preparation of the budget, long-range fiscal plans for the Borough of Collingdale; such plans to be presented annually to the Council for its review and adoption.
Hold such other Borough offices and head such Borough departments as the Borough Council may from time to time direct.
Attend all meetings of the Borough Council and its committees with the right to take part in the discussions. The Manager shall receive notice of all special meetings of the Borough Council and its committees and shall see that all appropriate notices therefor are either posted and/or advertised.
Prepare the agenda for each meeting of the Borough Council and supply facts pertinent thereto.
Keep the Borough Council informed as to the conduct of Borough affairs; submit periodic reports on the condition of the Borough finances and such other reports as the Borough Council requests; and make such recommendations to the Borough Council as deemed advisable.
Submit to the Borough Council, as soon as possible after the close of the fiscal year, a complete report on the finances and the administrative activities of the Borough for the preceding year.
See that the provisions of all franchises, leases, permits and privileges granted by the Borough Council are observed.
Employ, by and with the prior approval of the Borough Council, experts and consultants to perform work and to advise.
Attend to the letting of contracts in due form of law. The Manager shall supervise the performance and faithful execution of the same except insofar as such duties are expressly imposed by statute upon some other Borough officer.
Be responsible for all accounts payable and receivable.
Serve as purchasing officer of the Borough of Collingdale and purchase, in accordance with the provisions of the Borough Code, all supplies and equipment for the agencies, boards, departments and other offices of the Borough. The Manager shall keep an account of all purchases and shall, from time to time or when directed by the Borough Council, make a full written report thereof. He shall also issue rules and regulations, subject to the approval of the Borough Council, governing the procurement of all municipal supplies and equipment.
Investigate and dispose of, or designate an officer to investigate and dispose of, all complaints regarding Borough services and personnel and report to the Council thereon. All complaints regarding Borough services shall be referred to the office of Manager.
Enforce the ordinances and regulations of the Borough of Collingdale.
As to any notices of violations, notices to abate or cure any and all ordinance violations; as to the enforcement, notice and violation of ordinances and codes of the Borough of Collingdale, as well as the issuance of permits, licenses and reports, and posting, serving or delivering of all notices required by ordinance, the providing of a verification or any responsibility, notice, activity, duty or task that is assigned by ordinance, delegated or attributed to the Borough Manager, said tasks, duties and activities for the purpose of expediting the administration of justice and the compliance of all ordinances may be assigned and delegated by the Borough Manager to the Borough of Collingdale's staff, employees and all agents and representatives of the Borough of Collingdale, including the Borough Secretary, administrative officers, health officers, health investigators, plumbing and building inspectors, code enforcement officers, and all duly appointed officers and agents of the Borough of Collingdale.
If the Manager becomes ill or needs to be absent from the Borough, the Borough Council shall designate one qualified person to perform the duties of the Manager during his absence or disability.
[Adopted 10-5-1987 by Ord. No. 568 (Ch. 1, Part 1D, of the 1987 Code of Ordinances)]
The office of Administrative Officer is hereby created by the Borough of Collingdale, subject to the right of the Borough, by ordinance, at any time to abolish such office. Various ordinances of the municipality previously designated specific officers for enforcement of those ordinances including Zoning Officer, Housing Officer and/or Administrative Officer. It is the purpose of the creation of the office of Administrative Officer to consolidate those various officers into one office.
The Borough Council shall appoint, by majority vote of all of its members, one person to fill the office of Administrative Officer. The appointment of the Administrative Officer shall be for a term of one year. In the case of a vacancy, the Council shall fill said office by majority vote of all its members. The Administrative Officer shall, however, be subject to removal at any time by a majority vote of all the members of Council.
The Administrative Officer shall be chosen solely on the basis of his supervisory and administrative abilities, with special reference to his actual experience in, or his knowledge of, accepted practices in respect to the duties of the office as herein outlined.
The Administrative Officer shall receive such compensation as shall be fixed from time to time by resolution.
The Administrative Officer shall be in charge of the Office of Administrative Officer and shall be responsible through the Borough Manager to the Council, as a whole, for the proper and efficient administration of the affairs of said Office.
Subject to recall by ordinance, the power and duties of the Administrative Officer shall include the following:
The Administrative Officer shall enforce and administer all of the provisions of this article and of those other applicable codes and ordinances which establish the Office of Administrative Officer as their official administration and enforcement agency.
The duties of the Administrative Officer shall include the receipt of applications; the issuance of permits, notices, certificates and orders; the making of inspections to determine conformance with applicable codes and ordinance; the undertaking of systematic inspection programs; the undertaking of research and investigations; the recommendation of appropriate administrative rules for review and adoption by the Code Hearing Board; the keeping of records; the issuance of written annual reports and such other activities as may be required.
An official record shall be kept of all business and activities of the Office of Administrative Officer, and all such records shall be open to the public for inspection at all appropriate times, except that no individual, owner, operator, occupant or other person shall be subject to unwarranted invasion of privacy and except that all evidence or information obtained in any course of any inspection shall be considered privileged information and shall be kept confidential. Such evidence or information shall not be disclosed except as may be necessary in the judgment of the Administrative Officer for the proper and effective administration and enforcement of the provisions of this article and shall not otherwise be made public without the consent of the owner, occupant, operator or other person in charge of the unit, structure or premises inspected.
The Administrative Officer shall keep the Council informed as to the conduct of the Office of Administrative Officer, submit periodic reports on the affairs of said Office and such other reports as the Council shall request, and shall make such recommendations to the Council as he deems necessary.
He shall submit to Council, as soon as possible after the close of the fiscal year, a complete report on the affairs and activities of the Office of Administrative Officer for the preceding year.
In the discharge of his duties, the Administrative Officer or his authorized representative, upon showing proper identification where requested, is hereby authorized to enter and inspect, during normal working hours, any structure or premises in the Borough to enforce the provisions of this article and of those other applicable codes and ordinances. The assistance and cooperation of all other Borough officials, including police and fire departments, shall be available to the Administrative Officer to assist in the performance of his duties and in securing right-of-way.
The Administrative Officer and the owner, operator or occupant or other person in charge of any structure or premises subject to the provisions of this article may agree to an inspection by appointment at a mutually convenient time.
The owner, operator or occupant or other person in charge of any structure or premises shall give the Administrative Officer entry and free access thereto and to every part of the structure or to the premises surrounding the structure.
If any owner, operator or occupant or other person in charge fails or refuses to permit entry and free access to the structure or premises under his control, or to any part thereof, with respect to any authorized inspection, the Administrative Officer may, upon a showing that probable cause exists for the inspection, file a complaint and may petition for and obtain an order directing compliance with the inspection requirements of this article from a court of competent jurisdiction. Any person who refuses to comply with such an order issued pursuant to this section shall be subject to such penalties as may be authorized by law for violation of a court order.
He shall serve a notice of violation or order on the person responsible for any situation in violation of those chapters, parts and sections of this Code which are under his direction. If the notice of violation is not complied with within the time specified on the notice, the Administrative Officer is hereby authorized to file a complaint or institute summary criminal proceedings in accordance with the Rules of Criminal Procedure. He may further institute with the assistance of the Borough Solicitor any of the legal and/or equitable actions to obtain immediate relief where necessary.
If the Administrative Officer deems a structure, or any part thereof, unfit for human habitation, he shall so notify the occupants and post the building, and he shall make such judgment known to the Chairmen of the Borough Council's Committee on Health and the Building, Planning and Zoning Committee. These committees shall meet and review the decision of the Administrative Officer within 72 hours and either support or overrule the decision of the Administrative Officer.
He shall cooperate with the Borough Council and all other departments and agencies of the Borough at all times and in all matters that the best interest of the Borough and of the general public may be maintained.
The Borough Council, at its option, may also appoint a "code enforcement officer," which individual shall enforce all applicable Borough codes and/or ordinances and/or state statutes concerning and/or involving criminal behavior of any kind. Such a position shall be separate and apart from the Administrative Officer and shall be under the auspices of the Police Department.
The Administrative Officer or other official or employee shall not, while acting for the Borough, render himself liable personally because of any act or omission as required or permitted in the discharge of his official duties. Any suit instituted against such Administrative Officer, official or employee because of any act performed by him in the lawful discharge of his duties shall be defended by the Solicitor of the Borough, and in no case will said officer, official or employee be liable for costs in any action, suit or proceeding.