[HISTORY: Adopted by the Board of Commissioners of the Township of
Upper Pottsgrove 4-24-1989 by Ord. No. 198
(Ch. 5, Part 1, §§ 102 to 107, of the 1993 Code). Amendments
noted where applicable.]
A.
Creation of Office of Code Enforcement. There is hereby
created by the Upper Pottsgrove Township Board of Commissioners an office
to be known as the "Office of Code Enforcement." Said office shall have the
responsibility of administering and enforcing the provisions of this chapter
and of those other codes and/or ordinances of the Township which designate
said Office of Code Enforcement as their official administration and enforcement
agency.[1]
B.
Appointment of Code Enforcement Officer. There shall
be appointed by the Upper Pottsgrove Township Board of Commissioners a Code
Enforcement Officer who shall be in charge of the Office of Code Enforcement
of the Township. The Code Enforcement Officer shall supervise such other employees
or assistants as shall be necessary for the administration and execution of
the responsibilities of said office, as appointed and approved by the Upper
Pottsgrove Township Board of Commissioners. Said Code Enforcement Officer,
and other personnel, may consist of employees directly hired and compensated
by the Township.
C.
Fire Chief. In accordance with the Fire Prevention Code
of the Township,[2] the Chief of the Fire Department has been established as the authorized
representative of the Office of Code Enforcement of the Township, having all
of the duties for enforcement of the Fire Prevention Code of the Township
provided for in this chapter. The Fire Chief shall continue to serve in this
capacity until such time as the Upper Pottsgrove Township Board of Commissioners
declares otherwise.
D.
Relief from personal liability. The Code Enforcement
Officer or other official or employees shall not, while acting for the Township,
be liable personally because of any act or omission in the discharge of his
official duties. Any suit instituted against such Code Enforcement Officer,
official or employee shall be defended by the Solicitor of the Township, and
in no case will said Officer, official or employee be liable for costs in
any action, suit or proceeding.
E.
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.
No individual, owner, operator, occupant or other person shall be subject
to unwarranted invasion of privacy, and all evidence or information obtained
in the course of any inspection shall be kept confidential and not be disclosed,
except as may be necessary in the judgment of the Code Enforcement Officer
for the proper and effective administration and enforcement of the provisions
of this chapter. Otherwise, such evidence and information shall not be made
public without the consent of the owner, occupant, operator or other person
in charge of the unit, structure or premises inspected.
[Amended 3-8-1993 by Ord. No. 243]
A.
Enforcement by Code Enforcement Officer. The Code Enforcement
Officer shall enforce (or cause to be enforced) and administer all of the
provisions of this chapter, and of those other applicable codes and ordinances
which establish the Office of Code Enforcement as their official administration
and enforcement agency.
B.
Duties of Code Enforcement Officer. The duties of the
Code Enforcement Officer or his authorized representative 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 search and investigation, 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.
Right of entry.
(1)
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 between the hours
of 9:00 a.m. and 4:00 p.m., any structure or premises in the Township to enforce
the provisions of this chapter, and of those other applicable codes and ordinances.
The assistance and cooperation of all other Township officials, including
police and fire departments, shall be available to the Code Enforcement Officer
to assist in the performance of his duties and in securing right of entry.
(2)
The Code Enforcement Officer and the owner, operator
or occupant or other person in charge of any structure or premises subject
to the provisions of this chapter may agree to an inspection by appointment
at a mutually convenient time.
(3)
The owner, operator or 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.
(4)
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 Code Enforcement 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
chapter 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.
[Amended 3-8-1993 by Ord. No. 243; 9-27-1993 by Ord. No. 245]
A.
Permit required. An application for a permit shall be
required in accordance with the provisions of those 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 the required fee.
B.
Action on application. The Code Enforcement Officer shall
examine said application to determine compliance with those other applicable
codes and ordinances of the Township, and shall, within 90 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.
C.
Required fees. Applicants for permits required by any
of the applicable codes and ordinances shall pay, at the time of application,
to the Code Enforcement Officer for use by the Township certain fees, as established
from time to time by resolution of the Board of Commissioners.
D.
Time limitation on application.
(1)
An application for a permit for any proposed work shall
be deemed to have been abandoned 90 days after date of filing, unless such
application has been diligently prosecuted or a permit shall have been issued,
except that for reasonable cause the Code Enforcement Officer may grant one
or more extensions of time for additional periods not exceeding 90 days each.
(2)
All permits granted under any of the 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 three months
only, and if such demolition work is not completed within that time, any bond
posted by the applicant shall be forfeited.
E.
Certificates. The following certificates 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 certificates may be issued separately or combined in the form of a single
certificate.
(1)
Certificate of use and occupancy. In accordance with
§ 118.0 of the BOCA National Building Code, 1993 Edition, and § R-119
of the CABO One- and Two-Family Dwelling Code, 1992 Edition, 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 of use and occupancy shall have
been issued by the Code Enforcement Officer.
[Amended 2-25-2002 by Ord. No. 336]
(2)
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.
(3)
Other certificates. Any other permits, certificates or
licenses, as required by the applicable codes and ordinances, 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.
[Amended 3-8-1993 by Ord. No. 243]
A.
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 chapter, or of the other applicable
codes and ordinances, or of any rules and regulations adopted pursuant thereto,
he shall proceed as follows:
(1)
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 on the responsible owner, occupant,
operator or other person in charge; or served by certified or 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.
(2)
Said notice shall include a statement of the reasons
why the notice is being issued, the sections of the code and/or ordinances
which have been violated, and the remedial actions required.
(3)
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.
(4)
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 and given by 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.
(5)
The Code Enforcement Officer may grant a request for
a reasonable extension of time whether 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.
B.
Penalties.
(1)
Any person or entity who fails to correct a violation
or institute a remedial action as ordered by the Code Enforcement Officer,
or who violates a provision or fails to comply with any requirement, shall,
upon conviction, be sentenced to a fine of not less than $50 and not more
than $1,000, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
continues shall constitute a separate offense.
(2)
The imposition of the penalties herein prescribed shall
not preclude the Solicitor representing the Township from initiating, and
he is hereby authorized to initiate, appropriate actions or proceedings in
law, or in equity, to effect the purposes of this chapter.
C.
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 ordinance of the Township, are hereby declared to be a public nuisance.
(1)
General procedure. The Code Enforcement Officer shall
order the responsible owner, operator, occupant or person in charge of the
structure or premises which is 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 chapter and in the applicable codes and ordinances
of the Township, in accordance with the laws of the Commonwealth of Pennsylvania.
(2)
Failure to comply. Whenever an order to vacate, repair
and/or demolish a structure which is a public nuisance because it is unsafe,
dangerous or unfit for human habitation has not been complied 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.
(3)
Recovery of expenses.
(a)
The expenses incurred pursuant to Subsection C(2), and of the other applicable codes and ordinances, shall be paid by the responsible owner, operator and occupant, or by the persons who caused or maintained such a public nuisance.
(b)
The Code Enforcement Officer shall maintain a record
of the expenses incurred.
(c)
The Board of Commissioners of the Township may institute
a suit to recover such expenses and may charge such expenses against the property
as a lien.
A.
Code Hearing Board. There is hereby established a Code
Hearing Board which shall be the Board of Commissioners of the Township.
B.
Powers of the Code Hearing Board. The Code Hearing Board
shall have the following powers and duties:
(1)
Interpretation. On appeal from a determination of the
Code Enforcement Officer, or on request of any Township official, the Code
Hearing Board shall decide any questions involving the interpretation of any
provision of this chapter, or of those other applicable codes and ordinances.
(2)
Variances. The Code Hearing Board may grant a variance
from the strict application of this chapter, or of those other applicable
codes and ordinances. 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.
(3)
Decide appeals. The Code Hearing Board shall hear all
appeals made to it and decide whether such appeals shall be granted.
C.
Request for appeals or variances. Any person requesting
a variance or aggrieved by a decision of the Code Enforcement Officer, or
by another employee or official charged with the administration and enforcement
of this chapter and of those other applicable codes or ordinances, may take
an appeal to the Code Hearing Board. All appeals must 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.
D.
Appeals and variance procedure.
(1)
Public hearing. The Code Hearing Board shall meet and
conduct a hearing within 45 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 at the hearing.
(2)
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 on its
decision, and the Code Enforcement Officer shall take immediate action to
carry out said order.
(3)
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 the Rules of Civil Procedure of the Supreme
Court of Pennsylvania regarding appeals from administrative agencies.
E.
Reports by the Code Hearing Board. The Code Hearing Board
shall record all applications and appeals made to it, along with 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
advisory reports recommending changes and modifications in this chapter, or
in those other applicable codes or ordinances.
A.
Regulations of the Department of Labor and Industry. Wherever any provision or requirement of the regulations of the Department of Labor and Industry of the Commonwealth of Pennsylvania is more stringent or strict than a provision or requirement of this chapter or of the ordinances referred to in § 135-1 of this chapter, the applicable provision or requirement of the regulations of said Department of Labor and Industry shall supersede any such provision or requirement of such ordinances.
B.
Short title. This chapter shall be known and may be cited
as the "Code Enforcement Ordinance of Upper Pottsgrove Township."
