[Ord. 1973-17, 9/5/1973, § 1; as
amended by Ord. 1974-13, 8/12/1974, § 1]
1.
Creation of Office of Code Enforcement. There is hereby
created by the Council of the Borough an office of the Borough to
be known as the "Office of Code Enforcement." Said office shall have
the responsibility for administering and enforcing the provisions
of this Part and of those other codes and/or ordinances of the Borough
(hereinafter referred to as the "applicable codes and ordinances"),
which designate said Office of Code Enforcement as their official
administration and enforcement agency.
2.
Appointment of Code Enforcement Officer. There shall
be appointed by the Council of the Borough, a Code Enforcement Officer,
who shall be in charge of the Office of Code Enforcement of the Borough.
The Code Enforcement Officer shall supervise such other employees
or assistance as shall be necessary for the administration and execution
of the responsibilities of said Office, as appointed and approved
by the Council of the Borough. Said Code Enforcement Officer and other
personnel may consist of employees directly hired and compensated
by the Borough.
3.
Relief from Personal Liability. The Code Enforcement
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 Code Enforcement 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 cost in any action, suit or proceeding.
4.
Official Record. An official record shall be kept
of all business and activities of the Office of Code Enforcement 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 the 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 judgement of the Code Enforcement
Officer for the proper and effective administration and enforcement
of the provisions of this Part 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.
5.
Fire Chief. In accordance with the Fire Prevention
Code of the Borough, the Fire Chief has been established as the authorized
representative of the Office of Code Enforcement of the Borough having
all of the duties for enforcement of the Fire Prevention Code of the
Borough provided for in this Part. The Fire Chief shall continue to
serve in this capacity until such time as Council declares otherwise.
[Ord. 1973-17, 9/5/1973, § 2; as
amended by Ord. 1974-13, 8/12/1974, § 1]
1.
Enforcement by Code Enforcement Officer. The Code
Enforcement Officer shall enforce and administer all of the provisions
of this Part and of those other applicable codes and ordinances which
establish the Office of Code Enforcement as their official administration
and enforcement agency.
2.
Duties of Code Enforcement Officer. The duties of
the Code Enforcement 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
ordinances, 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.
3.
Right-of-Entry.
A.
In the discharge of his duties the Code Enforcement
Officer or his authorized representative, upon showing proper identification
where requested, is hereby authorized to enter and inspect, at any
reasonable hour, any structure or premises in the Borough to enforce
the provisions of this Part and of those other applicable codes and
ordinances. The assistance and cooperation of all other Borough officials,
including police and fire department, shall be available to the Code
Enforcement Officer to assist in the performance of his duties and
in securing right-of-entry.
B.
The Code Enforcement Officer and the owner, operator,
occupant or other person in charge of any structure or premises subject
to the provisions of this Part may agree to an inspection by appointment
at a mutually convenient time.
C.
The owner, operator, occupant or other person in charge
of any structure or premises shall give the Code Enforcement Officer
entry and free access thereto and to every part of the structure or
to the premises surrounding the structure.
D.
If any owner, operator, 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 Code Enforcement Officer may, upon
a showing that probable cause exists for the inspection may file a
complaint and may petition for and obtain an order directing compliance
with the inspection requirements of this Part 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.
4.
Agreement with West Side Council of Governments. In accordance with § 5-101, Subsection 1, the Council of the Borough hereby authorizes the Mayor and the President of Council to enter into an agreement with the West Side Council of Governments authorizing said Council of Governments to appoint any necessary personnel and authorized representative who shall serve the Borough as provided for in the Code Enforcement Ordinance of the Borough.
[Ord. 1973-17, 9/5/1973, § 3; as
amended by Ord. 1974-13, 8/12/1974, § 1; and by A.O.]
1.
Permits Required. An application for a permit shall
be required in accordance with the provisions of those other applicable
codes and ordinances which the Office of Code Enforcement has the
responsibility to administer. Said application shall be submitted
in such form as may be prescribed by the Code Enforcement Officer
and shall be accompanied by any required fee.
2.
Action of Application. The Code Enforcement Officer
shall examine said application to determine compliance with those
other applicable codes and ordinances of the Borough and shall, within
15 days after filing, either approve or reject said application. If
said application is rejected, the Code Enforcement Officer shall inform
the applicant in writing, stating the reasons for such rejection.
3.
Required Fees.
A.
All fees for permits or services provided under this
Part or other applicable code and ordinances shall be in such amounts
as may be established from time to time by resolution of the Borough
Council.
B.
All permits granted under any of the above applicable
codes and ordinances shall be good for a period of one year; provided
that extensions may be granted by the Code Enforcement Officer for
good reason; except that any permit granted for demolition activities
shall be valid for six months only and if such demolition work is
not completed within that time, any bond posted by the applicant shall
be forfeited.
4.
Certificates. The following certificates shall be
required in accordance with the provisions of those other applicable
codes or ordinances which the Office of Code Enforcement has the responsibility
to administer. Said certificates may be issued separately or combined
in the form of a single certificate.
A.
Certificate of Use and Occupancy. In accordance with
§ 120.0 of the BOCA Basic Building Code, a certificate of
use and occupancy shall be required, and no new building or portion
of an existing building which is enlarged or altered, shall be used
or occupied in whole or in part, until such a certificate or use and
occupancy shall have been issued by the Code Enforcement Officer.
B.
Certificate of Approval. A certificate of approval
shall be required for any electrical or plumbing work completed under
the provisions of the applicable codes and ordinances. All applicants
shall apply to the Office of Code Enforcement for such a certificate
of approval within 30 days of the completion of the building, structure,
work or premises.
C.
Other Certificates. Any other permits, certificates
or licenses, as required by the applicable codes and ordinance shall
be obtained by the applicant in accordance with the provisions of
said applicable codes and ordinances. Application for such permits,
certificates or licenses shall be made to the Code Enforcement Officer.
[Ord. 1973-17, 9/5/1973, § 4; as
amended by Ord. 1974-13, 8/12/1974, § 1; and by A.O.]
1.
Procedure in Case of Violations. Whenever the Code
Enforcement Officer determines that there are reasonable grounds to
believe that there has been a violation of any provision of this Part,
or of the other applicable codes and ordinances, or of any rules and
regulations adopted pursuant thereto, he shall proceed as follows:
A.
Serve notice in writing of the alleged violation which
shall be signed by the Code Enforcement Officer or his authorized
representative. Said notice shall be served personally to the responsible
owner, occupant, operator or other person in charge; or served by
registered mail with a return receipt requested; or where such responsible
person in charge cannot be found, service may be made by posting a
notice in or about the structure or premises or by publishing such
notice in a newspaper of general circulation for a period of three
consecutive days; or served by any other method authorized under the
laws of the Commonwealth of Pennsylvania.
B.
Said notice shall include a statement of the reasons
why the notice is bring issued the sections of the code and/or ordinances
which have been violated, and the remedial actions required.
C.
Said notice shall allow a reasonable time, not to
exceed 60 days for the initiation and correction of the violation
alleged or of the remedial actions required, except where emergency
conditions exist which require immediate corrective action.
D.
Said notice shall contain a statement indicating that
the notice will become an order if no request and approval for an
extension of time is made to the Code Enforcement Officer or if no
petition for an appeal or hearing is requested before the Code Hearing
Board within 15 days from the receipt of said notice.
E.
The Code Enforcement Officer may grant a request for
a reasonable extension of time where he has evidence to believe that
the responsible person is attempting to remove the alleged violation.
However, no such extension of time may exceed a period of 90 days
unless authorized by the Code Hearing Board upon appeal of the responsible
owner, operator, occupant or other person in charge.
2.
Penalties. Any person who fails to correct a violation
or a remedial action as ordered by the Code Enforcement Officer or
who violates a provision or fails to comply with any requirements
of this Part or of any of the other applicable codes or ordinances
shall be subject, for each violation, to a fine of not less than $25
nor more than $1,000 plus costs together with reasonable attorney
fees and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 90 days. Each day that a violation of
this Part continues or each section of this Part which shall be found
to have been violated shall constitute a separate offense.
3.
Dangerous and Unsafe Conditions and Structures and
Dwellings Unfit for Human Habitation. Structures which contain dwellings
which are unfit for human habitation, or structures which are dangerous
or unsafe and structures which contain dangerous conditions or materials,
as defined by the applicable codes and ordinances of the Borough are
hereby declared to be a public nuisance.
A.
General Procedure. The Code Enforcement Officer shall
order the responsible owner, operator, occupant or person in charge
of the structure or premises which are dangerous, unsafe or unfit
for human habitation to vacate, repair and/or demolish said structure
and to remove the public nuisance as provided, for in this Part and
in the applicable codes and ordinances of the Borough in accordance
with the laws of the Commonwealth of Pennsylvania.
B.
Failure to Comply. Whenever an order to vacate, repair
and/or demolish a structure which is a public nuisance it is unsafe,
dangerous or unfit for human habitation has not been compiled with,
the Code Enforcement Officer may, in accordance with the laws of the
Commonwealth of Pennsylvania, proceed to cause the structure to be
vacated, repaired and/or demolished or take such other action as is
necessary to abate the nuisance. Abatement under this section shall
not commence until at least 10 days after the service of the order,
except that the Code Enforcement Officer may determine that more immediate
action is required because of the special emergency or dangerous conditions
which exist.
C.
Recovery of
Expense. The expense incurred pursuant to Subsection 3B of this Part
and of the other applicable codes and ordinances shall be paid by
the responsible owner, operator, occupant or by the persons who caused
or maintained such a public nuisance. The Code Enforcement Officer
shall file on his records an affidavit stating with fairness and accuracy
the items and date of the expense incurred. The Council of the Borough
may institute a suit to recover such expense to be charged against
the property as a lien.
[Ord. 1973-17, 9/5/1973, § 5; as
amended by Ord. 1974-13, 8/12/1974, § 1]
1.
Code Hearing Board. There is hereby established a
Code Hearing Board appointed by the Council of the Borough consisting
of not less than three members nor more than five members who shall
serve without compensation, but may be reimbursed for necessary and
reasonable expenses. Their terms of office shall be for three years,
except for those first appointed, so fixed that the term of office
of at least one member shall expire each year. Appointments to fill
vacancies shall be only for the unexpired portion of the term.
2.
Powers of the Code Hearing Board. The Code Hearing
Board shall have the following powers and duties:
A.
Interpretation. On appeal from a determination of
the Code Enforcement Officer or on request of any Borough Official,
the Code Hearing Board shall decide any questions involving the interpretation
of any provision of this Part or of those other applicable codes and
ordinances.
B.
Variances. The Code Hearing Board may grant a variance
from the strict application of this Part or of those other applicable
codes. Such variances may be granted only in those cases which would
result in practical difficulty or unnecessary hardship and where the
public health and safety shall not be jeopardized.
C.
Decide Appeals. The Code Hearing Board shall hear
all appeals made to it and, depending on its findings, shall decide
whether such appeals shall be granted.
3.
Requests for Appeals or Variances. Any person requesting
a variance or aggrieved by a decision of the Code Enforcement Officer
or by any other employee or official charged with the administration
and enforcement of this Part and of those other applicable codes or
ordinances, may take an appeal to the Code Hearing Board. All appeals
shall be made in writing stating the grounds upon which the appeal
is based and shall be transmitted to the Office of Code Enforcement.
An appeal must be taken within 15 days of the action or of the receipt
of written notice of any decision or ruling which is being appealed.
4.
Appeals and Variance Procedure.
A.
Public Hearing. The Code Hearing Board shall meet
and conduct a hearing within 30 days of the receipt of an appeal or
a request for a variance. All hearings shall be public and all persons
whose interest may be affected shall be given an opportunity to be
heard. A record shall be kept of all evidence and testimony presented
the hearing.
B.
Decision of the Board. All decisions of the Board
shall be in writing and a copy of each decision shall be sent to the
applicant and to the Code Enforcement Officer. The Code Hearing Board
shall also retain in its files a copy of each decision, which files
shall be available for inspection by the public. Each decision shall
set forth fully the reasons for the decision of the Code Hearing Board
and the findings of fact on which the decision was based. The Code
Hearing Board shall make an order of its decision and the Code Enforcement
Officer shall take immediate action to carry out said order.
5.
Appeals from the Decision of the Code Hearing Board.
Any person or persons aggrieved by any final order or decision of
the Code Hearing Board may appeal such order or decision within 30
days, to the Court of Common Pleas in accordance with, as far as practicable,
the Rules of Civil Procedure of the Supreme Court regarding appeals
from administrative agencies.
6.
Reports by the Code Hearing Board. The Code Hearing
Board shall report to the Council of the Borough periodically, at
intervals of not later than 12 months. The report shall summarize
all applications and appeals made to it since the last report and
shall contain a summary of the Board's decision on each case. A copy
of the report shall be filed with the Code Enforcement Officer. The
Code Hearing Board may also submit to the Council of the Borough advisory
reports recommending changes and modifications in this Part or in
those other applicable codes or ordinances.
7.
Appointment of a Representative to the West Side Council of Governments Code Hearing Board. In accordance with §§ 5-102, Subsection 4 and 5-105, Subsection 1, of this Part, the Council of the Borough is hereby authorized to appoint a representative to the West Side Council of Governments Code Hearing Board which shall act in behalf of and instead of the Code Hearing Board of the Borough.
[Ord. 1973-17, 9/5/1973, § 6]
1.
Savings Clause. Nothing in this Part shall be construed
to affect any suit or proceeding now pending in any court, or any
actions required, or liability incurred, or any clause or clauses
of action accrued or existing, under any act or ordinance repealed
hereby. No right or remedy of any character shall be lost, impaired,
or affected by this Part.
2.
Validity. The invalidity of any section or provision
of this Part shall not invalidate other sections of provisions thereof.
3.
Conflict of Ordinances. Any ordinance or part of ordinance
conflicting with the provisions of this Part be, and the same is hereby
repealed, insofar as the same affects this Part.
4.
Short Title. This Part shall be known and may be cited
as the "Code Enforcement Ordinance of the Borough."
