A.
No person, partnership, business, association, or corporation shall
commence with the installation of any chimney, fireplace, stove pipe,
or wood or coal burning stove or appliance unless first obtaining
a permit from the Borough Secretary for the Borough of Pine Grove.
B.
No person, partnership, business, association, or corporation shall
use or operate any chimney, fireplace, stove pipe, or wood or coal
burning stove or appliance unless first having same inspected and
having obtained a permit from the Borough Secretary which is approved
and countersigned by the Fire Marshal.
A.
The Borough Secretary shall issue a permit only after it has been
determined that the proposed work to be undertaken will be in conformance
with the requirements of this and all other applicable ordinances,
rules and regulations of the Borough of Pine Grove and applicable
requirements and regulations of the County, commonwealth and federal
authorities.
B.
Prior to the issuance of a permit the Secretary for the Borough of
Pine Grove shall determine that arrangements have been made with the
Fire Marshal for an inspection to approve the permit.
Application for a permit hereunder shall be made, in writing,
to the Borough Secretary on forms supplied by the Borough of Pine
Grove. Such application shall contain at least the following:
A.
Name and address of applicant.
B.
Location of the property on which the proposed construction or installation
is to occur.
C.
Name and address of owner of property on which the proposed construction
or installation is to occur.
D.
Name and address of the contractor who will perform the construction
or installation.
E.
Brief description of the proposed work for the proposed construction
or installation.
F.
Estimated date of completion of proposed construction or installation.
G.
Statement that the Inspector has been contacted and arrangements
made for a final inspection.
H.
Statement that the provisions of this chapter are understood and
shall be complied with.
A.
Work on the proposed installation or construction shall be inspected
by the Inspector within six months after the date of issuance of the
permit or the permit shall expire unless a time extension is granted,
in writing, by the Borough Secretary.
B.
Upon inspection, if the Inspector discovers that work does not comply
with the permit application or any applicable laws and ordinance,
or that there has been a false statement by the applicant, the Inspector
shall revoke the permit and report such fact to the Borough Council
for whatever action it considers necessary.
C.
Upon inspection, if the Inspector finds the work in compliance, he
shall approve the permit and report such approval to the Borough Secretary
to record such approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Application for a permit shall be accompanied by a fee, payable to
the Borough of Pine Grove, in an amount established from time to time
by resolution of the Borough Council.
B.
Upon the Fire Marshal reporting, in writing, to the Secretary for the Borough of Pipe Grove that an inspection has been completed, whether such inspection resulted in revocation of the permit under § 157-9B hereof or approval of the permit under § 157-9C hereof, the Secretary of the Borough shall report to the Treasurer for the Borough of Pine Grove; whereupon the Treasurer shall pay over to the Fire Marshal the sum, in an amount established from time to time by resolution of the Borough Council, for said inspection. However, only one such payment shall be made for each permit issued; and no additional charge shall be made to the permit applicant or the Borough for inspection under § 157-9 based on a permit issued under § 157-7.
A.
Notices. Whenever the Inspector determines there are reasonable grounds that there has been a violation of any provisions of this chapter, or of any regulations adopted pursuant thereto, including any condition which form the basis for revocation of a permit under § 157-9B, he shall give notice of such alleged violation. Such notice shall be in writing; include a statement of the reasons for the issuance of such notice; allow a reasonable time for the performance of any acts required to cure the violation; contain a statement that the party served is entitled to a hearing; be served upon the owner of the property where the violation exists, or on such owner's agent and a permittee under § 157-7 shall be considered such agent; provided, however, that such notice shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served personally or by any other method authorized or required by the laws of the Commonwealth; and be also provided to the Borough Council or an authorized Committee thereof.
B.
Hearings. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing of the matter before the Pine Grove Borough Council,
or an authorized Committee thereof, provided that such person shall
file with the Borough Secretary a written petition requesting such
hearing and setting forth a brief statement of the grounds therefore
within 15 days after the notice was served. The hearing shall be commenced
not later than 10 days after the day on which the petition was filed;
provided that upon application of the petitioner, the Borough Secretary
may continue the date of the hearing for a reasonable time beyond
such 10 days period when in her judgment, the petitioner has submitted
good and sufficient reasons for such continuance; and further provided
that in no event shall said hearing be continued to a date more than
30 days after notice. At such hearing the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn.
C.
Findings and order. After such hearing as above provided for, the Borough Council, or an authorized Committee thereof, shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order in writing, sustaining, modifying, or withdrawing the notice which order shall be served as provided for notices in § 157-11A.
D.
Record and appeals. The proceedings at such a hearing, including the findings and decision, provided for in § 157-11C, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the Borough but the transcript of the proceedings, if any, need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by a decision of the Borough hereunder, may seek relief therefrom as provided by the laws of this Commonwealth.
E.
Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Violations of this chapter shall be punishable for each offense by
a fine of not less than $25 nor more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days.
(2)
Each day during which such violation of this chapter continues shall
constitute a separate offense.
(3)
In addition to the above penalties all other actions are hereby reserved
including an action in equity for the proper enforcement of this chapter.
(4)
The imposition of a fine or penalty for any violation of, or noncompliance
or permit it to continue; and all such persons shall be required to
correct or remedy such violation and noncompliance within a reasonable
time.
A.
Any person aggrieved by an action or decision of the Inspector or the Borough Secretary, or by any requirement of this chapter, may petition, in writing, the Borough Council, or an authorized Committee thereof, for a hearing, within 30 days after the decision or action according to the procedures in § 157-11B.
B.
Any person aggrieved by any decision of the Pine Grove Borough Council,
or any authorized Committee thereof, may seek relief therefrom, within
30 days of notice of such decision, as provided by the Rules of Court
and Laws of the Commonwealth of Pennsylvania.
A.
This Borough, from time to time, in accordance with law, by appropriate
ordinance or resolution, may adopt such additional rules and regulations
as, in the opinion of the Council of this Borough, may be desirable,
beneficial or necessary for or in connection with administration of
permits hereunder or based upon new developments.
B.
Any such rules and regulations shall be construed in conjunction
with provisions hereof and shall become effective upon the date fixed
by this Borough upon adoption thereof.
