[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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]
A.
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.
B.
Subject to recall by ordinance of the Borough of Collingdale, the
powers and duties of the Borough Manager shall include the following:
(1)
Supervise and be responsible for the activities of all municipal
departments.
(2)
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.
(3)
Fix wages and salaries of all personnel under his supervision, subject
to prior approval by Borough Council.
(4)
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.
(5)
Be responsible for the administration of the budget after its adoption
by the Borough Council.
(6)
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.
(7)
Hold such other Borough offices and head such Borough departments
as the Borough Council may from time to time direct.
(8)
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.
(9)
Prepare the agenda for each meeting of the Borough Council and supply
facts pertinent thereto.
(10)
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.
(11)
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.
(12)
See that the provisions of all franchises, leases, permits and privileges
granted by the Borough Council are observed.
(13)
Employ, by and with the prior approval of the Borough Council, experts
and consultants to perform work and to advise.
(14)
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.
(15)
Be responsible for all accounts payable and receivable.
(16)
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.
(17)
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.
(18)
Enforce the ordinances and regulations of the Borough of Collingdale.
(19)
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
(1)
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.
(2)
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.
(3)
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.
G.
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.
H.
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.
I.
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.
J.
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.
