There shall be a Code Enforcement Officer who
shall be appointed by Borough Council and be responsible for the administration
and enforcement of this chapter. The Code Enforcement Officer shall
not hold any elected office in the Borough.
A.
Duties of Code Enforcement Officer. The duties of
the Code Enforcement Officer shall include but not be limited to the
following:
(1)
Enforce all provisions of this chapter and all amendments
thereto.
(2)
Receive, examine, record and file all applications
and fees for building permits and issue building permits only for
any structure or use which conforms to this chapter.
(3)
Issue permits for uses and construction by special
exception or variance, only after such uses or buildings are approved
by the Zoning Hearing Board, in accordance with the provisions of
this chapter. Permits requiring approval by Borough Council shall
be issued only after receipt of an authorization from Borough Council.
(4)
Receive all required fees.
(5)
Regularly inspect all areas of the Borough to determine
if there are any blatant violations of this chapter and to review
the validity of any reported zoning violations.
(6)
Issue all necessary stop orders, and order in writing
correction of all conditions found to be in violation of this chapter.
It shall be unlawful for any person to violate any such order lawfully
issued by the Code Enforcement Officer, and any person violating such
order shall be guilty of a violation of this chapter.
(7)
Maintain, or cause to be maintained, a map or maps
showing the current zoning classification of all land in the Borough.
(8)
To identify and register all nonconforming uses, lots,
structures and signs and keep filed a record of such nonconformities
as a public record.
(9)
Upon request of Borough Council, Planning Commission
or Zoning Hearing Board, present facts, records and any similar information
to such body on specific requests to assist these bodies in reaching
their decisions.
B.
Appeal from decisions of Code Enforcement Officer.
An appeal from a decision or action of the Code Enforcement Officer
shall be made directly by a party in interest to the Zoning Hearing
Board, and such appeal shall be made within 30 days after notice of
the decision is made, or if no decision is made, 30 days after the
date when a decision is deemed to have been made, in accordance with
the Pennsylvania Municipalities Planning Code, as amended.
C.
Violations.
(1)
Complaints regarding violations. Whenever a violation
of this chapter is alleged to have occurred, any person may file a
written and signed complaint. Such complaint, stating fully the causes
and basis thereof, shall be filed with the Code Enforcement Officer
who shall record such complaint promptly and immediately investigate
and take action thereon as provided in this chapter.
(2)
Notification of violation.
[Amended 8-15-1996 by Ord. No. 903]
(a)
If it appears to the municipality that a violation
of any zoning ordinance enacted under this act or prior enabling laws
has occurred, the municipality shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
(b)
An enforcement notice shall state at least the
following:
[1]
The name of the owner of record and any other
person against whom the municipality intends to take action.
[2]
The location of the property in violation.
[3]
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of the chapter.
[4]
That such violation shall be discontinued and/or
the date before which the steps for compliance must be commenced and
the date before which steps must be completed.
[5]
That the recipient of the notice has the right
to appeal the Zoning Hearing Board within a prescribed period of time
in accordance with procedures set forth in the chapter.
[6]
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,
including but not limited to the discontinuance of such unlawful use,
structure, building, sign and/or land involved in the violation.
(3)
Enforcement. No permit of any kind as provided for
in this chapter shall be granted by the Code Enforcement Officer for
any purpose except in compliance with the provisions of this chapter
or a decision of the Zoning Hearing Board or courts of competent jurisdiction.
(4)
Enforcement remedies.
[Amended 8-15-1996 by Ord. No. 903]
(a)
In case any building, structure or land is,
or is proposed to be, erected, constructed, reconstructed, altered,
converted, maintained or used in violation of this chapter, the Borough
Council, or with the approval of the Borough Council, the Code Enforcement
Officer, in addition to other remedies, may institute in the name
of the Borough any appropriate action or proceeding to prevent, restrain,
correct, or abate such building, structure or land or to prevent in
or about such premises, any act, conduct, business or use constituting
a violation.
(b)
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter or prior enabling laws shall, upon being found liable
therefore in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by a municipality as a result thereof.
(c)
Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating the
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of the Zoning Chapter shall
be paid over to the municipality.
A.
Requirement for permits. A permit shall be required
prior to the erection or alteration of any building, structure or
portion thereof, including signs; prior to the use or change in use
of a building or land and prior to the change or extension of a nonconforming
use or structure.
B.
Application for permits. Application for permits shall
be made to the Borough Code Enforcement Officer on such forms as may
be furnished by the Borough. Each application shall contain all information
necessary to ascertain whether the proposed erection, alteration,
use or change in use complies with the provisions of this chapter.
C.
Issuance of permits.
(1)
No building or use permit shall be issued until the
Code Enforcement Officer has certified that the proposed building
or alteration and the proposed use of the property complies with the
provisions of this chapter.
(2)
Permits shall be granted or refused within 45 days
after date of application. In case of refusal the applicant shall
be informed of his right to appeal to the Zoning Hearing Board.
D.
Expiration of permits. Permits for the erection, razing,
change, alteration or removal of a building shall be valid or effective
for a period of not more than six months from the date of issuance
thereof and shall thereafter be void, unless the work authorized by
such permit shall have been substantially commenced within that period
and continues with due diligence from that time forward. In no event
shall a zoning permit be construed to authorize the development activities
for more than a three-year period of time, after which time a new
permit must be sought. If, however, the applicant has been delayed
in proceeding with the work for which the permit was granted for reasons
beyond his or her control and demonstrably not due to his or her own
negligence, at the discretion of the Code Enforcement Officer the
permit may be renewed without additional cost to the applicant.
A.
Upon completion of the erection or alteration of any
building or portion thereof authorized by any permit obtained in compliance
with this chapter, the holder of the permit shall notify the Code
Enforcement Officer of completion. No permit shall be considered complete
or permanently effective until the Code Enforcement Officer has issued
a certificate of occupancy certifying that the work has been inspected
and approved as being in conformity with the permit and the provisions
of this chapter.
B.
Prior to the transfer of ownership, lease or use of
property, a certificate of occupancy must be obtained from the Code
Enforcement Officer.
C.
A certificate of occupancy shall be granted or refused
within 15 days after the Code Enforcement Officer has been notified
of completion of construction or within 15 days of application to
occupy premises or land.
A.
Borough Council shall establish, by resolution, a
schedule of fees, charges, expenses and collection procedures for
building permits, certificates of occupancy, sign permits, special
exceptions, variances, appeals, amendments and other matters pertaining
to this chapter.
B.
A schedule of fees shall be posted in the office of
the Code Enforcement Officer and may be altered or amended by Borough
Council only.
