A.
The Codes Enforcement Officer. The provisions of this chapter shall
be enforced by the Codes Enforcement Officer. The Codes Enforcement
Officer shall be appointed by the Borough Council and shall not hold
any elective office in the Borough.
B.
Compensation. The compensation for the Codes Enforcement Officer
shall be determined by the Borough Council.
C.
Duties and responsibilities. The Codes Enforcement Officer shall
have all the duties and powers conferred by this chapter in addition
to those reasonably implied for that purpose. He shall not issue a
permit in connection with any structure or use unless it first conforms
to the literal requirements of this chapter, other Borough ordinances,
and with the laws of the Commonwealth of Pennsylvania.
D.
The Codes Enforcement Officer shall:
(1)
Receive all appeals and applications for permits, certificates
of occupancy, variances, special exceptions and conditional uses,
and forward them to the governing board or Zoning Hearing Board, as
appropriate.
(2)
Issue permits and certificates of occupancy for construction
and uses which are in accordance with the regulations of this chapter.
Permits and certificates of occupancy shall not be issued if applicable
subdivision and land development regulations have not received the
required approval.
(3)
Record and file all applications for permits and certificates
together with accompanying plans and documents. All records shall
be open to public inspection.
(4)
Maintain the Zoning Map showing the current zoning classifications
of all land and the zoning text, including all amendments.
(5)
In the case of a conditional use or special exception, the Codes
Enforcement Officer shall schedule, advertise and post a notice of
public hearing on the affected property.
(6)
Participate in all proceedings before the Zoning Hearing Board.
A.
Form of application. The application for a permit shall be submitted
in such form as the Codes Enforcement Officer may prescribe and shall
be accompanied by the required fee. If the application is made by
a person other than the owner or lessee, it shall be accompanied by
a written authorization of the owner. The full names and addresses
of the owner and the responsible agent shall be stated.
B.
Description of work. The application shall contain a description
of the building, structure, land, or sign and such additional information
as may be required by the Codes Enforcement Officer. The application
for the permit shall be accompanied by a plot plan.
C.
Issuance of permit. The Codes Enforcement Officer shall determine
whether the plans conform to the provisions of all Borough ordinances.
In the event they do not, he shall reject the application and state
the reasons for doing so in writing. When the Codes Enforcement Officer
is satisfied that the proposed work and/or use conforms to this chapter
and all laws and ordinances applicable thereto, he shall issue a permit.
D.
Notice of starting work. The Codes Enforcement Officer shall be given
at least 24 hours' notice by the applicant prior to commencement of
work at the site, and a permit shall be properly posted prior to such
commencement.
E.
Expiration of permit. The permit shall expire after one year from
the date of issuance unless work at the site has commenced within
such period. If the work has not commenced within one year, the Codes
Enforcement Officer shall cancel the permit and provide written notice
to the applicant stating that further work shall not proceed unless
and until a new permit has been obtained.
F.
Completion of work. Upon completion of the work and prior to use
or occupancy, the permit holder shall notify the Codes Enforcement
Officer. Use and occupancy shall not be authorized until the Codes
Enforcement Officer has certified that the work has been inspected
and approved and has issued a certificate of occupancy.
G.
Revocation of permits. The Codes Enforcement Officer may revoke a
permit in case of any false statement or misrepresentation of fact
in the application or on the plans or for any other cause set forth
in this chapter.
H.
Posting of permit. A copy of the permit shall be kept on the site
of operations until completion of the work.
A.
Requirements. It shall be unlawful to use and/or occupy any structure,
building, sign, and/or land for which a permit is required until a
certificate of zoning compliance has been issued by the Codes Enforcement
Officer.
B.
Residential application. When the use of premises involves additions
to an existing residence, the permit application shall be made at
the same time as certificate of occupancy.
C.
Form of application. The application for a certificate of occupancy
shall be in such form as the Codes Enforcement Officer may prescribe.
The application shall contain the intended use and/or occupancy of
any structure, building, sign, and/or land.
D.
Issuance of certificate of occupancy. The Codes Enforcement Officer
shall inspect any structure, building, sign and/or use of land within
10 days of notification that the work has been completed. Should the
Codes Enforcement Officer determine that the work is in conformity
and compliance, he shall issue a certificate of occupancy, a copy
of which shall be kept available for official inspection at all times.
A.
Enforcement. The following are violations of this chapter:
(1)
The construction, erection, replacement, alteration in size,
extension, and/or use of any structure, building, sign, and/or land
or the change of use, area of use, percentage of use or extension
or displacement of the use of any structure, building, sign, and/or
land without first obtaining a permit.
(2)
The use of any building, structure, sign, and/or land without
receipt of a certificate.
(3)
The failure to comply with any other provisions of this chapter.
B.
Notice of violation.
(1)
A violation shall be determined by the Codes Enforcement Officer
either during the administration of permits and certificates or upon
occasional inspection, or after written complaints of violation.
(2)
An enforcement notice shall be prepared and sent to the owner
of the parcel on which the violation has occurred. The enforcement
notice shall be sent by certified mail and shall state the following:
(a)
The name of the owner of record and any other person against
whom the Borough intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in this chapter.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
C.
Remedies. If the notice of violation is not corrected within a period
of 10 days, the Codes Enforcement Officer shall notify the Borough
Council for their action.
D.
Penalties. Any person, partnership or corporation who or which has
violated provisions of this chapter shall, upon being found liable
in a civil enforcement proceeding, pay a judgement of not more than
$500, plus court costs. If the defendant neither pays nor appeals,
applicable rules of civil procedures shall apply. Each day that a
violation continues shall constitute a separate offense, unless the
Magisterial District Judge determines otherwise, referencing demonstrated
good faith by the violating party.
A.
No permit shall be issued until the applicable fee(s) have been paid.
A schedule of fees has been established by resolution of the Borough
Council which may be amended from time to time by the Borough Council.
B.
In certain cases, additional fees may be applied. Such additional
fees shall be at the discretion of the Borough and shall cover, in
whole or in part, costs associated with review of large-scale land
development.
