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.